Red Top Farms v. State Department of Transportation, Division of Highways

This case concerns the state's condemning a portion of Red Top Farms' land adjacent to an interstate highway in order to relocate a frontage road. The state's action resulted in additional frontage on the relocated road and an increase in the value of Red Top Farms' remaining land. Nonetheless, the trial court declined to offset the value of the remaining land against the value of the land taken after noting that the law only allows an offset if the condemnee has obtained a "special benefit." The trial court read prevailing Wisconsin law to say that unless the condemnation causes a "change"…