E-470 Public Highway Authority v. Revenig

INTRODUCTION

In this appeal, we review the trial court’s decision upholding the constitutionality of a takings compensation statute that requires a trial court to reduce by up to fifty percent an award of compensation for property taken in highway acquisitions by the amount of special benefits to the landowner’s remaining property. We affirm.

As part of the E-470 highway project, respondent E-470 Public Highway Authority condemned over seventy acres of the petitioning landowners’ 351-acre parcel.1 A commission of landholders found that the value of the property taken was $1,323,691.15 and also…