2010AP1427 Stolen Farms Inc., et al. v. American Transmission Company LLC, et al.

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Property
Eminent domain; good faith

This appeal arises out of five consolidated cases brought by landowners challenging the condemnation of their property by American Transmission Company LLC and ATC Management, Inc. (collectively, ATC). The landowners challenge ATC’s right to condemn portions of their properties by obtaining easements for the purpose of upgrading a high voltage transmission line. The circuit court granted summary judgment in favor of ATC on all of the landowners’ claims, and the landowners appeal.

We resolve three issues on this appeal. The first issue is whether the guidelines ATC distributed to the landowners misrepresented the law and thus violated ATC’s duty to negotiate in good faith before making jurisdictional offers to purchase. We conclude ATC’s guidelines did not misrepresent the law. The second issue is whether ATC’s jurisdictional offer was insufficient because it did not list all available statutory items of loss or damage. We conclude the offer was not insufficient on this ground. The third issue is whether the proposed easements grant rights to ATC that impermissibly exceed the scope of the certificate of public convenience and necessity. We conclude they do not. Accordingly, we affirm. Not recommended for publication in the official reports.

2010AP1427 Stolen Farms Inc., et al. v. American Transmission Company LLC, et al.

Dist IV, Dane County, Sumi, J., Vergeront, P.J.

Attorneys: For Appellant: Jablonski, Frank J., Madison; For Respondent: Stadler, Katherine , Madison; Cahill, Bryan J., Madison

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