By: WISCONSIN LAW JOURNAL STAFF//June 12, 2014//
Wisconsin Court of Appeals
Civil
Property — eminent domain — post-judgment interest
A condemnee is entitled to post-judgment interest pending appeal under sec. 32.06(10)(d).
“We conclude that the only reasonable way to read WIS. STAT. § 32.06(10)(d) is that: (1) a party required to pay a judgment must pay the judgment within sixty days after entry of judgment; (2) a party need not pay a judgment within that sixty-day period if the judgment is appealed to this court within that period or a condemnor petitions for and obtains an order to abandon the condemnation proceeding; and (3) if a judgment required to be paid is not paid within that period, the judgment bears interest from the date of entry of judgment at a rate of 10% per year until the judgment (if that judgment is not reversed on appeal) is paid in full. Thus, we read the statute to mean that a judgment that is appealed within sixty days after entry of judgment does not have to be paid within that time period; however, the judgment nonetheless bears interest from the date of entry of judgment if it is not paid within that time period, assuming the judgment, or some portion of it, is upheld on appeal. The necessary result of this reading is that interest accrues during the pendency of an appeal and post-judgment interest must be paid.”
Affirmed in part, and Reversed in part.
Recommended for publication in the official reports.
2011AP482 Geise v. American Transmission Co., LLC
Dist. IV, Jefferson County, Erwin, Hue, JJ., Higginbotham, J.
Attorneys: For Appellant: Martin, Michelle E., Waukesha; Stadler, Katherine, Madison; Smith, Patrisha A., Waukesha; Wheeler, Patricia L., Madison; For Respondent: Jablonski, Frank J., Madison