Every once in a while, we are asked to defend a condemnor in a right-to-take action where the landowner claims he or she was paid too much money for whatever land rights were taken.  The most recent attempt to make such a claim was addressed by the Jefferson County Circuit Court in Case No. 16-CV-93.  As in every other case we are aware of, the claim was unsuccessful.  But why would the landowner make such a claim in the first... Read More ›

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 also at least $700 more than the offer. The Wisconsin Department of Transportation (“DOT”) is trying to change that statute…again. In 2008, in anticipation of... Read More ›

Based on anecdotal evidence I have acquired over the years, and certainly not any rigorous research, I have concluded that Wisconsin has a fairly generous statutory scheme for compensating landowner attorneys if they meet the threshold for recovering litigation expenses. Again, solely based on personal observation, it is not uncommon for attorneys representing landowners to “game” the system to maximize the possibility of such recovery. It is rare, however, for a court to recognize an attorney is doing so, and... Read More ›