2009AP2784 Klemm v. American Transmission Co., LLC

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Property
Eminent domain; litigation expenses

Litigation expenses may be awarded if an appeal is taken from a negotiated price.

“Evaluating the statutory language of Wis. Stat. § 32.28(3)(d) and § 32.06(2a) within the context of the comprehensive condemnation statutes, we conclude that an owner who accepts the negotiated price under § 32.06(2a), timely appeals that price, and subsequently receives an award from the county condemnation commission that exceeds the thresholds under § 32.28 shall be awarded litigation expenses. This interpretation is consistent with, and supported by, the language of the statutes in the context of the condemnation statutes. This interpretation is also supported by the legislative purpose of chapter 32 and Wis. Stat. § 32.28(3) and by the legislative history.”

Reversed.

2009AP2784 Klemm v. American Transmission Co., LLC

Abrahamson, C.J.

Attorneys: For Appellant: Streck, Steven M., Madison; Beachy, Sara K., Madison; For Respondent: VanderWaal, Shane Jon, Wausau

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