Property — Eminent domain

Listen to this article

Wisconsin Supreme Court

Civil

Property — Eminent domain

A property owner is not entitled to damages for diminution in value due to a temporary limited easement.

“We conclude that the LLC is precluded from seeking damages under Wis. Stat. § 32.09(6g) for the commercial property’s diminution in value which resulted from its loss of direct access and proximity to 118th Avenue due to the 118th Avenue relocation. The temporary limited easement did not cause the commercial property to lose direct access and proximity to 118th Avenue, so damages under § 32.09(6g) for the temporary limited easement cannot include damages for the loss of direct access and proximity to 118th Avenue. Because the LLC seeks damages for its loss of direct access and proximity to 118th Avenue, the circuit court did not err by excluding evidence of those damages in the § 32.09(6g) claim for taking an easement. Thus, the LLC improperly seeks compensation under § 32.09(6g) for the commercial property’s diminution in value based on its lost direct access and proximity to 118th Avenue when 118th Avenue was relocated. Because our resolution of the narrow issue presented disposes of the LLC’s claim, we need not address the other issues presented. See Maryland Arms Ltd. P’ship v. Connell, 2010 WI 64, ¶48, 326 Wis. 2d 300, 786 N.W.2d 15.”

Reversed and remanded.

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

Ziegler, J.

Full Text