Date: 11-22-2024

Case Style: Merle D. Brendeland v. Iowa Department of Transportation

Case Number: 23-1356

Judge: Jennifer A. Miller

Court: District Court, Story County, Iowa

Plaintiff's Attorney:

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Defendant's Attorney: Brenna Bird, Attorney General, and Shean D. Fletchall and Robin G. Formaker (deceased), Assistant Attorneys General

Description:

Nevada, Iowa eminent domain law lawyer represented the Plaintiffs on an inverse condemnation theory.

Several individuals owned a tract of land abutting an east-west highway near that highway's intersection with Interstate 35. When the Iowa Department of Transportation (DOT) announced plans to modernize the interchange between the highway and I-35, these landowners saw a development opportunity. Based on a prior discussion with the DOT, they anticipated that when the DOT condemned a strip of their land along the highway, they would be able to install a commercial entrance to the highway. On January 29, 2023, the DOT formally served the landowners with a notice that indicated the DOT would be taking "[a]ll rights of direct access" between their property and Highway 210. Then, on February 21, a DOT employee verbally told one of the landowners that commercial access from their property to the highway would not be allowed. On March 20 and May 2, the landowners filed actions in the district court challenging the condemnation.

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Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments:

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