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The Preeminent Domain

An Eminent Domain and Land Use Blog

Page: 2 of 2

Category: Chapter 32

Court Holds Condemnation is Not Mandatory

In Chojnacki v. Wisconsin Public Service Corporation (“WPS”), a Wisconsin Circuit Court case venued in Portage County, WPS negotiated an easement for a gas main on Mr. Chojnacki’s property. WPS simply negotiated a price for the easement rather than following Chapter 32 condemnation procedures.  Chojnacki sued, alleging he is entitled to more money for the easement, and WPS should have followed condemnation procedures by, among other things, having an appraisal completed, giving him the opportunity to have an appraisal done... Read More ›
Steve Streck
Steve Streck
January 7, 2014

When Does a Condemning Authority Have to Condemn?

Chapter 32 of the Wisconsin Statutes grants the power of condemnation to governmental subdivisions, public utilities, school districts, a number of commissions, and a host of other entities.  It specifies precisely who may condemn, and specifies the purposes for which each condemning entity may exercise its power.  Chapter 32 has within its 29 pages virtually all of the rules that relate to the procedural and substantive aspects of eminent domain in Wisconsin.   But one thing it apparently does not do,... Read More ›
Steve Streck
Steve Streck
December 5, 2013