State v. JB Enterprises, Inc.

JB Enterprises (JBE) owned property located on a corner lot abutting Cliff Avenue and 63rd Street in Sioux Falls. Prior to initiating a public improvement reconstructing the interchange at Interstate 90 and Cliff Avenue, the State instituted a quick-take condemnation action against JBE, contesting JBE’s “control of access” to its property. The State ultimately changed the public improvement and left intact JBE’s curb cut along Cliff Avenue. After the State closed the intersection of 63rd Street and Cliff Avenue, JBE requested a jury trial on damages, alleging that the State owned JBE’s right to “control of access” to its property. The circuit court granted summary judgment in favor of the State, concluding that the State’s public improvement did not result in a compensable taking because the State did not physically take any of JBE’s property and did not eliminate JBE’s direct access to Cliff Avenue. The Supreme Court reversed, holding that because the State acquired the right to deprive JBE of access to Cliff Avenue, JBE must be compensated under the assumption that the State will do so. Remanded for a trial on damages. View "State v. JB Enterprises, Inc." on Justia Law