Hoffer Props., LLC v. State

The Department of Transportation (DOT) eliminated Hoffer Properties, LLC’s direct driveway connections to a controlled-access highway and separately exercised its power of eminent domain to acquire .72 acres of Hoffer’s land to extend Frohling Lane westward so as to connect Hoffer’s property to the highway. Hoffer appealed the amount of compensation, arguing that compensation for the .72 acre must include the diminution of value of the property due to the loss of direct access to the highway. The circuit court granted partial summary judgment to DOT, concluding that Hoffer’s direct access to the highway was a noncompensable exercise of the police power and that reasonable access had been given as a matter of law. The court of appeals affirmed, concluding that summary judgment was proper because DOT provided alternate access to Hoffer’s property. The Supreme Court affirmed, holding that Hoffer was precluded from compensation under Wis. Stat. 32.09(6)(b) because alternate access to the property was provided by the Frohling Lane extension. View "Hoffer Props., LLC v. State" on Justia Law