Constitutional Law — search and seizure — property

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Wisconsin Court of Appeals

Civil

Constitutional Law — search and seizure — property

Where a property owner consented to the building of an overpass, it also consented to the taking of soil samples on its property.

“We conclude that no issue of unreasonable search or seizure is raised by the DOT conducting soil sampling and laboratory testing of soil in the area of WCL’s property that is located in the overpass project construction corridor. WCL consented to this limited sampling, a necessary component of the design phase of the overpass project, expressly described in the study that led WCL and the village to agree upon Alternative B, an agreement that was expressly approved by the OCR in its resolution of the public safety and traffic concerns at the crossing. When it was the voluntary agreement of WCL and the village to move forward with the overpass project that led the DOT to require the samples, WCL cannot now complain that this limited sampling, necessary to complete the design phase of the project, violates its property or constitutional rights.”

Affirmed.

Recommended for publication in the official reports.

2012AP1019 Wisconsin Central, Ltd., v. Gottlieb

Dist. II, Fond du Lac County, Wirtz, J., Brown, J.

Attorneys: For Appellant: Wilson, Russell W., Wausau; For Respondent: Harlow, R. Duane, Madison; Gendreau, Chad R., Madison