Schleim v. S.D. Department of Transportation

Carlyle Schleim owned, and Farmers State Bank of Canton held a mortgage on, property located near an intersection that was closed in connection with the State’s reconstruction of the interchange between Interstate 90 and Cliff Avenue. Schliem and the Bank brought an inverse-condemnation action against the State alleging that the closure of the intersection diminished the value of the subject property. The circuit court granted summary judgment in favor of the State, concluding that Schliem did not identify a property interest that had been taken or damaged by the State. The Supreme Court affirmed, holding that Schliem did not suffer compensable loss by the intersection’s closure, and therefore, the circuit court properly granted summary judgment for the State. View "Schleim v. S.D. Department of Transportation" on Justia Law