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Real property intersects with IP, health, criminal law
The reach of property law is expanding into other areas. Did you know, for instance, that intellectual property law is becoming “propertized?” As property rights become stronger in other ways — a process termed “propertization” — real property tends to provide helpful analogies for other types of property claims, says a Marquette University Law School […]
Beware: The economic loss doctrine is lurking
The recent expansion of a judicially created rule, originally meant to apply to product liability claims, has crossed over to real estate transactions, and lawyers need to understand its nuances. The economic loss doctrine, or ELD, precludes tort recovery for economic losses when there is a contract, economic losses being those damages resulting from the […]
Eminent domain case leaves unanswered questions
Perhaps the only certainty regarding a city’s eminent domain power and responsibility to provide comparable replacement property is that more litigation will ensue. So say a handful of practitioners dissecting the Wisconsin Supreme Court’s ruling in City of Janesville v. CC Midwest Inc. In the July 11 decision, the city was allowed to take the […]
Real Property Update 2007
Wisconsin Supreme Court Eminent domain; comparable replacement property In satisfying its statutory obligation to make available a comparable replacement property, pursuant to sec. 32.05(8)(b)-(c), a condemnor must identify one or more properties that meet the parameters of sec. 32.19(2)(c) to serve as a comparable replacement business. 2004AP267 City of Janesville v. CC Midwest Inc. Eminent [&hel[...]
Surveying the real estate landscape
What do Henry David Thoreau, Walt Disney, Abraham Lincoln, Daniel Boone, George Washington and Thomas Jefferson have in common? All were surveyors. Surveying is a profession with a lengthy and noble history, says Daniel V. Birrenkott, of Birrenkott Surveying in Sun Prairie. Of that group, consider just the last two, Washington and Jefferson. “Our Founding […]
Real Estate/Development Listing
Michael Best & Friedrich LLP Joshua L. Gimbel 100 E. Wisconsin Ave. Milwaukee, WI 53202 Phone: 414-271-6520 Fax: 414-277-0656 E-mail: [email protected] Web Site: http://www.michaelbest.com Michael Best is a full-service corporate law firm. Our Real Estate practice includes all areas of planning, development and transactions – from zoning applications to sophisticat- ed financing of hi[...]
A short primer on conservation easements in Wisconsin
You do not have to be “green” to be interested in conservation easements. More and more landowners are protecting their property with conservation easements in order to further the landowners’ conservation ethic or take advantage of tax breaks. Upwards of 100,000 acres are protected by conservation easements in Wisconsin and almost every county has at […]
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