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Eminent domain results in litigation expenses
Property owners who successfully contest what they receive in eminent domain proceedings can recover litigation expenses, regardless of whether they appeal from a jurisdictional offer or a negotiated price.
2010AP1427 Stolen Farms Inc., et al. v. American Transmission Company LLC, et al.
Property Eminent domain; good faith This appeal arises out of five consolidated cases brought by landowners challenging the condemnation of their property by American Transmission Company LLC and ATC Management, Inc. (collectively, ATC). The landowners challenge ATC’s right to condemn portions of their properties by obtaining easements for the purpose of upgrading a high voltage […]
2009AP2784 Klemm v. American Transmission Co., LLC
Property Eminent domain; litigation expenses Litigation expenses may be awarded if an appeal is taken from a negotiated price. “Evaluating the statutory language of Wis. Stat. § 32.28(3)(d) and § 32.06(2a) within the context of the comprehensive condemnation statutes, we conclude that an owner who accepts the negotiated price under § 32.06(2a), timely appeals that […]
Senate bill targets eminent domain
State Sen. Fred Risser might have more firsthand knowledge of eminent domain than any other member of the Wisconsin Legislature. Dane County in 2002 forced the Madison Democrat to sell his law office, at South Hamilton and West Wilson streets, for $728,800 so the county could build a new courthouse. Risser fought the sale and […]
THE DARK SIDE: Somebody moved my bowling alley
The abuse of eminent domain in the United States is at least as old as the U.S. Supreme Court's opinion in Berman v. Parker, 348 U.S. 26 (1954), in which the court shamelessly held that confiscating the property of homeowners and business owners, in order to transfer it to politically-connected cronies, was a valid public use, comparable to building a public road.
Court confirms owner must pay to have sunken barge removed
Saying the owner of a sunken barge in Milwaukee was a “textbook example of a litigant playing fast and loose with the judicial system,” an appellate court judge Tuesday upheld more than $37,000 in environmental penalties. The case stems from the Wisconsin Department of Transportation’s seizure of a riverfront property at 260 N. 12th St. […]
2010AP972 Van Stelle v. Wisconsin Department of Transportation, et al.
Property Eminent domain; public use The Van Stelles and the Schnells challenge the Wisconsin Department of Transportation’s condemnation of their land for highway exit and entrance ramps. They assert that the condemnation violates the constitutional “public use” requirement because the proposed ramps will rarely be open for public use. They also argue that summary judgment [&hell[...]
2009AP2583 Dahir Lands, LLC, v. American Transmission Co, LLC
Property Eminent domain; notice A clerk of circuit court needs to comply strictly with the notice requirements in sec. 32.06(8) in order to commence the sixty-day time limit for an appeal pursuant to sec. 32.06(10). “The supreme court has quoted the following passage from the Nichols treatise that is referenced above in Bee Frank: ‘The […]
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