Property – condemnation — valuation

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Wisconsin Court of Appeals

Civil

Property – condemnation — valuation

This appeal concerns condemnation by the Wisconsin Department of Transportation of several acres of Ruth Hodge’s land. As a result of the condemnation, Hodge lost some access to her remaining land. At trial, the core dispute was whether, given the new access situation, Hodge would be able to construct a road as part of possible residential development of her remaining land. Absent such access, the fair market value of Hodge’s remaining land would be significantly lowered.

DOT offered an appraisal indicating a $56,900 loss to Hodge based on the assumption that a post-condemnation access road could be built to support development on all of the remaining property. Hodge offered a contrary appraisal indicating a $1,535,000 loss based on the assumption that no such access road could be built. A jury awarded Hodge $321,800. On appeal, Hodge contends that the circuit court should have excluded DOT’s appraisal for reasons relating to DOT’s access-road assumption. Hodge also raises alternative arguments attacking the appraisal’s admissibility. The circuit court rejected Hodge’s arguments. We affirm.  Not recommended for publication in the official reports.

2011AP1645 Hodge v. State of Wisconsin Department of Transportation

Dist IV, Sauk County, Reynolds, J., Lundsten, P.J.

Attorneys: For Appellant: Biersdorf, Dan, Minneapolis; Keady, E. Kelly, Minneapolis; For Respondent: Gendreau, Chad R., Madison