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Eminent Domain – Diminution in Property Value

WI Supreme Court

Case Name: United America, LLC, v. Wisconsin Department of Transportation

Case No.: 2021 WI 44

Focus: Eminent Domain – Diminution in Property Value

The Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC’s property. As a result, access to United America’s property became less convenient and that property’s value decreased. The question here is whether such a diminution in property value qualifies as “damages to the lands” under Wis. Stat. § 32.18 (2017-18). The court of appeals held that it does not. We agree and therefore affirm the court of appeals’ decision.

Affirmed

Concur:

Dissent: REBECCA GRASSL BRADLEY, J., filed a dissenting opinion.
Full Text

Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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