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The Preeminent Domain

An Eminent Domain and Land Use Blog

Page: 2 of 2

Category: DOT

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 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 ›
Steve Streck
Steve Streck
January 23, 2015

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 obtains temporary limited easements (“TLE”) to complete the construction of its projects. However, the taking of the easement may not cause the loss of access.... Read More ›
January 15, 2015