“Right-to-Take” Claims-Due Process

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WI Court of Appeals – District III

Case Name: Michael J. Meyers v. Wisconsin Department of Transportation

Case No.: 2022AP000428

Officials: Graham, J.

Focus: “Right-to-Take” Claims-Due Process

The parcel that Meyers owned when he commenced this lawsuit is located in Vilas County and is bordered to the west by U.S. Highway 51. Starting in 2006, the Department undertook a project to significantly reconstruct portions of Highway 51, and the Department’s actions in this reconstruction project are the subject of Meyers’ complaint.

Meyers, who owns commercial property in northern Wisconsin that abuts a highway, appeals a circuit court order granting summary judgment in favor of the Wisconsin Department of Transportation (the Department). The summary judgment order resulted in the dismissal of three “right-to-take” claims that Meyers made pursuant to WIS. STAT. § 32.05(5) (2020-21). Specifically, Meyers challenged: (1) the Department’s elimination of two curb cuts that Meyers had used to access the highway from his property; Meyers cites no authority to support his assertion that he was entitled to notice or a right to a hearing in this instance (2) a Department order requiring the removal of a sign; the division of hearings and appeals determined that his appeal was not timely, and he did not seek judicial review (3) the Department’s alleged creation and enlargement of an easement that allowed an adjoining parcel to access and use a driveway on Meyers’ property; the access easement continues to be in the same location that it has been since it was granted in 2000. . Meyers also alleges that the Department’s actions and the circuit court proceedings violated his due process rights which the appeals court concludes was baseless.

Affirmed.

Decided 07/20/23

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