Inverse Condemnation Claim

By: Derek Hawkins//December 19, 2017//

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WI Court of Appeals – District IV

Case Name: Angela L. Campbell v. Village of DeForest

Case No.: 2017AP601

Officials: Lundsten, P.J., Sherman and Fitzpatrick, JJ.

Focus: Inverse Condemnation Claim

Angela Campbell’s property is burdened by an easement granted to the Village of DeForest for the purpose of constructing a public pedestrian and bicycle path. When the Village constructed an elevated boardwalk to make use of the easement, Campbell brought this action claiming that she was entitled to just compensation because the Village had taken her property for public use. Campbell appeals an order of the circuit court dismissing her inverse condemnation claim against the Village. Campbell argues that the circuit court erred because the Village has taken her property without just compensation by effectively excluding her from her property without the legal right to do so. We reject Campbell’s argument and affirm.

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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.

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