Land Condemnation Challenge

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WI Court of Appeals – District III

Case Name: Paul E. Van Dreel v. IEI General Contractors Inc.

Case No.: 2022AP001641

Officials: Stark, P.J., Hruz and Gill, JJ

Focus: Land Condemnation Challenge

According to the complaint, Van Dreel previously owned the entirety of a forty-acre property termed “Parcel D-235” in the Town of Ledgeview, Wisconsin. On May 20, 2002, Van Dreel recorded a “mineral deed,” which purported to convey “an undivided interest in all of the oil, gas, and other minerals in and under” Parcel D-235 to Van Dreel’s mother, Marion Van Dreel, in exchange for $1.00. At the time the mineral deed was recorded, the Town of Ledgeview (“the Town”) was seeking to condemn Parcel D-235 for public use—specifically, for the placement of public water transmission, storage, and distribution facilities and storm water management facilities. The Van Dreels sued challenging the condemnation of Parcel D-235.

Van Dreel appeals an order dismissing his claims against IEI General Contractors Inc. and other contractors and the Town of Ledgeview. The appeals court concludes the circuit court properly determined that the doctrine of claim preclusion bars Van Dreel’s claims.

Affirmed.

Decided 10/11/23

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