Miller v. Preisser

The opinion of the court was delivered by

Luckert, J.:

This appeal in an eminent domain action raises questions of law regarding (1) the application of the assemblage doctrine as a theory of valuation, (2) whether a change of traffic patterns is a compensable taking, and (3) whether a court in an eminent domain action has subject matter jurisdiction over a claim that the government’s exercise of its police power to regulate traffic was unreasonable.

As to the first issue, the district court ruled the landowners could not present evidence related to the doctrine of assemblage, which is a theory…