Property – condemnation

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Wisconsin Court of Appeals

Civil

Property – condemnation — value

It was error for the trial court to prohibit a property owner from introducing at a trial evidence of the diminution in value of its property due to a loss of direct access and proximity to a public road as a result of a public improvement by the DOT.

“WISCONSIN STAT. §32.09(6g) instructs that the appropriate amount of compensation is determined by deducting the fair market value of the property immediately after the date of evaluation from the fair market value immediately before that date, ‘assuming the completion of the public improvement.’  Because of the integral connection between the taking of the temporary easement to create a new entrance and the elimination of the relevant stretch of 118th Avenue and the entrance to the property from that street, the ‘complet[ed] … public improvement’ related to the easement includes the vacation and rerouting of that street and elimination of that entrance.  Thus, on remand, 118th Street Kenosha may introduce at trial evidence related to the property’s fair market value before and after the taking of the easement, including the loss of direct access and proximity resulting from the vacating and rerouting of 118th Avenue.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP2784 118th Street Kenosha, LLC, v. DOT

Dist. II, Kenosha County, Schroeder, J., Gundrum, J.

Attorneys: For Appellant: Graupner, Charles P., Milwaukee; Sager, Susan M., Milwaukee; For Respondent: Potts, Abigail, Madison