The United States Supreme Court declined hearing an important eminent domain case. Kimco of Evansville, Inc. v. State of Indiana, described below, dealt with a common condemnation issue – the extent to which a change of access can be considered in calculating eminent domain damages. Most states do not necessarily permit a property owner to include damages attributable to a change in access as part of the condemnation damages. Rather, the law in those states is that as long as there remains “reasonable access” after the condemnation, the condemnee is not entitled to change in access damages. Of course, there are numerous exceptions to this general rule. However, many property owners believe that the general rule is fundamentally unfair and that these damages should be included without needing an exception.
The Supreme Court denied the property owner’s “Petition for Writ of Certiorari” asking the Court to hear the case. Hopefully, this will not be the last chance for consideration of this important issue.