Archive | January, 2015
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Condemnation Litigation Expenses and WDOT…Again

Compared to most states, Wisconsin law is quite favorable to landowners in condemnation valuation litigation seeking to recover their litigation expenses. Landowners can recover all expenses – including reasonable attorney’s fees, appraisal, and engineering fees – if they recover at least 15% more than the highest amount offered by the condemnor, as long as the amount is […]

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Supreme Court Rejects Business’s Loss of Value Claim for Lost Street Access

Highway projects regularly change the access points that properties have to roads, and landowners believe (correctly or incorrectly) the change in the access affects the value of their business or property. Few can argue that access isn’t important to certain types of commercial uses. During construction of highway projects, the Department of Transportation (“DOT”) regularly […]

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Raising Issues of Statutory Compliance…And No Good Deed Goes Unpunished

What happens when a condemnor offers to pay more for a taking than its appraiser found for damages? Most landowners would be pleased. In this case, the landowner apparently was not, claiming the condemnor failed to base its jurisdictional offer on the appraisal amount because the offer was higher than the appraisal. Thus, the argument […]

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Court of Appeals Allows Expert Testimony on Permit Issue and Bars Similar Sale Evidence

The Wisconsin Court of Appeals recently issued a decision permitting a DOT appraiser to testify that a landowner would have been required to obtain a new driveway access permit from the DOT to convert his property to a commercial use. This resulted in a lower value for the subject property. In the same ruling, the […]