State v. foothills/hanke

Summary

The court held that severance damages may be available when the State condemns appurtenant easements without taking the homeowners' physical land. It interpreted the governing eminent-domain statute to include nonpossessory interests within a parcel and concluded that an appurtenant easement is part of the dominant estate, so its condemnation can injure the remaining property through freeway proximity. The court vacated the court of appeals' decision and affirmed the superior court's judgment allowing the proximity-damages claim. No separate opinions were issued.