Appeal of Matthews

The plaintiffs appeal a decision of the department of transportation appeals board affirming a replacement housing compensation award of $35,300 awarded after the State acquired their home by eminent domain. The plaintiffs argue that the appeals board erred in finding that the department of transportation (DOT) was not precluded by federal regulations from changing the “designated replacement dwelling” after issuing a ninety-day eviction notice. Because the federal regulations do not preclude the DOT from changing the dwelling upon which the replacement housing compensation amount is based at…