Department of Transportation v. Haggerty Corridor Partners Ltd. Partnership

Defendants own land that was partially taken in condemnation proceedings initiated by plaintiff. At issue is whether the trial court properly allowed defendants to present, in support of their proffered calculation of just compensation, evidence that their *127property had been rezoned from residential to commercial after the taking.

We conclude that the evidence of the posttaking rezoning was irrelevant to the issue of the condemned property’s fair market value at the time of the taking. Because the trial court abused its discretion in admitting this evidence, and because the error was not…