Please ensure Javascript is enabled for purposes of website accessibility

“Right-to-take” Action

By: WISCONSIN LAW JOURNAL STAFF//April 24, 2023//

“Right-to-take” Action

By: WISCONSIN LAW JOURNAL STAFF//April 24, 2023//

Listen to this article

WI Court of Supreme Court

Case Name: DEKK Property Development, LLC v. Wisconsin Department of Transportation

Case No.: 2020AP002146

Officials: Jill J. Karofsky, J.

Focus: “Right-to-take” Action

This controversy stems from a driveway closure——specifically, the Wisconsin Department of Transportation’s (DOT’s) closure of a driveway connecting DEKK Property Development, LLC’s (DEKK’s) property to State Trunk Highway (STH) 50. DEKK is seeking compensation for the closure. The case potentially raises two questions: (1) whether DEKK may seek compensation for the driveway closure in a “right-to-take” action under Wis. Stat. § 32.05(5)(2021-22),1 and (2) if so, whether DOT must compensate DEKK for the closure. The supreme court holds that DEKK may not bring its claim under § 32.05(5), and thus it does not reach the second question. Section 32.05(5) provides a means to challenge DOT’s right to take property described in a jurisdictional offer issued under § 32.05(3), and here DOT’s jurisdictional offer to DEKK did not describe any removal of access to STH 50. Therefore, the circuit court should have granted DOT’s summary judgment motion and dismissed DEKK’s claim. Because this procedural issue is dispositive, the supreme court does not decide the question of whether DEKK might be owed compensation had it challenged the driveway closure via a different avenue.

DEKK may not recover damages for the closure of the STH 50 driveway under Wis. Stat. § 32.05(5) because the access rights that DEKK alleges it lost were distinct from the taking described in DOT’s jurisdictional offer. Summary judgment should therefore be granted in DOT’s favor.

Affirmed and modified

Decided 04/18/23

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests