State ex rel. Commissioner of Transportation v. Kettleson

OPINION

MEYER, Justice.

The issue in this case is whether a taking by the Minnesota Department of Transportation (MnDOT) of a portion of appellant Richard Lepak’s land to restore highway access to a neighboring parcel constitutes a public use or purpose. The court of appeals affirmed a condemnation order requested by the Commissioner of Transportation for the improvement and widening of Highway 61 in Cook County. Lepak contends that the State does not have a valid public purpose for the taking because part of his land will be used to build a private road to mitigate damages to a neighboring…