context: P 9. Landowners concede that they base their business losses on the change in the flow of traffic from the construction of the median strip. Like the property owners in Sand Bar and Spear, they contend that because the median strip was part of the same project that resulted in the taking of portions of their land, they are entitled to compensation for the effects of the highway project as a whole. They rely on several out-of-state cases, including a closely analogous case from South Carolina, to argue that when a project results in a taking, the owner of the land that has been taken is entitled to compensation for all incidental effects of the project on the value of the remaining land.
citation_a.signal: no signal
citation_a.identifier: 175 S.E.2d 391, 396
citation_a.parenthetical: holding that a landowner could recover for placement of a median strip that could not have occurred but for the taking of the landowner's property because "the inquiry is, how much has the particular public improvement decreased the fair market value of the property, taking into consideration the use for which the land was taken and all the reasonably probable effects of its devotion to that use"
citation_a.sentence: S.C. State Highway Dep’t v. Wilson, 175 S.E.2d 391, 396 (S.C. 1970) (holding that a landowner could recover for placement of a median strip that could not have occurred but for the taking of the landowner’s property because “the inquiry is, how much has the particular public improvement decreased the fair market value of the property, taking into consideration the use for which the land was taken and all the reasonably probable effects of its devotion to that use”) (quotations omitted); see also State ex rel. Mo. Highway & Transp. Comm’n v. Jim Lynch Toyota, Inc., 830 S.W.2d 481, 485 (Mo. Ct. App. 1992) (holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because “[a]ny factor that has a present, quantifiable effect on the market value of the property is proper as an element of damages”) (quotations omitted).
citation_b.signal: see also
citation_b.identifier: 830 S.W.2d 481, 485
citation_b.parenthetical: holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because "[a]ny factor that has a present, quantifiable effect on the market value of the property is proper as an element of damages"
citation_b.sentence: S.C. State Highway Dep’t v. Wilson, 175 S.E.2d 391, 396 (S.C. 1970) (holding that a landowner could recover for placement of a median strip that could not have occurred but for the taking of the landowner’s property because “the inquiry is, how much has the particular public improvement decreased the fair market value of the property, taking into consideration the use for which the land was taken and all the reasonably probable effects of its devotion to that use”) (quotations omitted); see also State ex rel. Mo. Highway & Transp. Comm’n v. Jim Lynch Toyota, Inc., 830 S.W.2d 481, 485 (Mo. Ct. App. 1992) (holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because “[a]ny factor that has a present, quantifiable effect on the market value of the property is proper as an element of damages”) (quotations omitted).