Property – condemnation — evidence

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Wisconsin Court of Appeals

Civil

Property – condemnation — evidence

This is a condemnation case. The Wisconsin Department of Transportation condemned property owned by Forbes SRE, LLC and Forbes SRE II, LLC (collectively, “Forbes,” except when otherwise noted), located along U.S. Highway 151, including a private gravel driveway that connected the property to the highway. A jury trial was held to determine the value of the Forbes’ properties before and after their taking. In pre-trial motions in limine, Forbes sought to exclude testimony from the DOT’s expert appraiser that the taking of the driveway did not affect the value of the subject property because the DOT had authority to require the owner of the property to obtain a permit in order to change the use of the driveway, and that the DOT likely would have declined to issue such a permit. Forbes also sought to admit evidence regarding the amount the DOT and others had previously paid for property across the highway from the Forbes property, which also had access to Highway 151. The circuit court denied both motions.

On appeal, Forbes renews the arguments made in the circuit court. Forbes also contends that the real controversy has not been fully tried, and therefore requests that we exercise our discretionary power to reverse under Wis. Stat. § 752.35. We conclude that the circuit court properly exercised its discretion in making its evidentiary rulings and that the real controversy has been fully tried. Accordingly, we affirm. Not recommended for publication in the official reports.

2012AP626 In Re Acquisition of Property of Forbes SRE II LLC

Dist IV, Dane County, Niess, J., Higginbotham, J.

Attorneys: For Appellant: Southwick, Benjamin, Richland Center; For Respondent: Potts, Abigail, Madison