May 2008

By Stewart E. Sterk

When the state condemns a temporary easement that encumbers the frontage of a vacant parcel, but uses the easement for only a fraction of the easement’s total duration, how should the landowner’s compensation be computed? In McCurdy v. State, the Court of Appeals concluded that landowner was entitled to consequential damages for harm to the interior land not encumbered by the easement, but only for the period when the state’s use of the easement obstructed landowner’s access to the interior of the parcel.

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