Department of Transportation v. Tomkins

This case involves a partial taking of defendants’ property in connection with the construction of the M-6 highway. We are asked in this case to examine the scope of damages permitted under the phrase “just compensation” in article 10, § 2 of the 1963 Michigan Constitution. In addition to the fair market damages associated with the land taken, defendants also sought damages associated with the dust, dirt, noise, and related general effects of the M-6 project. However, the Uniform Condemnation Procedures Act (UCPA)1 specifically excludes compensation for the “general effects” of a project for…