Mn/DOT Must Condemn Land

Ivy Chang, | September 28, 2010

A Dakota County, Minnesota, district court ruled that the Minnesota Department of Transportation must begin condemnation proceedings against a suburban Minneapolis property owner and compensate the owner for loss of convenient access to its business.

During the current Interstate 35W construction from Burnsville, the suburb, to Minneapolis, Mn/DOT closed the ramps from 35W to a major road that provided access to Freeway Transfer, a business that collects fees at a transfer station where residential trash is consolidated into bigger trucks and taken to landfills.

Freeway Transfer objected to closing the existing ramp while the new ramp is under construction because the work forced its trucks to drive more miles to reach their destination.

The business sued for an injunction and wanted compensation for the loss of a direct access.
In addition to compensation for loss of a direct access, Mn/DOT must also pay about $100,000 of legal costs of the business.