State Comm’r of Transp. v. Kettleson

The Commission of Transportation requested a condemnation order for a portion of appellant Richard Lepak's land for the improvement and widening of a highway. After a condemnation hearing, the district court concluded that improving and widening the highway was a legitimate public purpose and that the state Department of Transportation had established a reasonable necessity. Therefore, the district court rejected the challenged to the proposed taking, and the court of appeals affirmed. At issue on review was whether the State had a valid public purpose for the taking because part of Lepak's land would be used to build a private road to mitigate damages to a neighboring parcel. The Supreme Court affirmed, holding that the purpose of the taking in this case met the definition of "public use" or "public purpose" as set forth in Minn. Stat. 117.025. View "State Comm'r of Transp. v. Kettleson" on Justia Law