Small v. Kemp

The opinion of the court was delivered by

Lockett, J.:

The State took a temporary easement on a portion of the plaintiff s property to relocate a frontage road. The main issue is whether the State was exercising its police power in relocating and reorienting the roadway on land near but not touching the plaintiff s property. If the State’s action was within its police power, the State is not liable to the plaintiff for the loss in property value due to the relocation. The district court found, as a matter of law, the State was exercising its power of eminent domain. The jury awarded plaintiff…