Eminent Domain

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WI Supreme Court

Case Name: Hoffer Properties, LLC v. State of Wisconsin, Dept. of Transportation

Case No.: 2012AP2520

Focus: Eminent Domain

Wis. Stat. Sec. 84.25(3) authorizes DOT to alter access to highway as they deem necessary. When DOT changes property owner’s access to controlled access highway but provided other access, the owner is precluded form compensation.

“Unlike in National Auto Truckstops or Seefeldt, in the present case, DOT exercised the police power pursuant to the controlled-access highway statute to replace Hoffer’s direct access with circuitous access. As we have explained previously, Wis. Stat. § 32.09(6)(b) precludes compensation under that subsection for such exercises of the police power. National Auto Truckstops and Seefeldt did not alter the rule that the provision of alternate access precludes compensation pursuant to Wis. Stat. § 32.09(6)(b) in controlled-access highway cases because neither case involved Wis. Stat. § 84.25. Likewise, they do not apply to this case”

Affirmed

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Concurred: ABRAHAMSON, A.W. BRADLEY, J.J., concur. (Opinion Filed)

Dissented: PROSSER, J., dissents. (Opinion Filed)

Did not Participate: R.G. BRADLEY, J.

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.