State looks at limiting attorney fees among changes to eminent domain law |
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| Monday, 30 March 2009 00:00 |
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BY John Krerowicz This e-mail address is being protected from spambots. You need JavaScript enabled to view it The state wants to limit how much it must pay attorneys representing landowners whose property is being forcibly taken by the government. Some attorneys are organizing opposition to that and related changes they saycould mean owners would not be able to afford legal help in trying to receive fair compensation for their land. The Wisconsin Department of Transportation is proposing some changes relating to eminent domain, which is the government’s right to take land for public purposes. The changes are included in the state budget, which is the topic of several public hearings this week and next. The state budget public hearing closest to Kenosha is 10 a.m. to 4 p.m. Monday at the Case High School theater, 7345 Washington Ave., Racine. Chris Klein, Wisconsin Department of Transportation assistant deputy director, said the law currently requires the state to pay attorneys’ fees in certain situations. Some attorneys, rather than negotiate, advise their clients to accept the department’s initial offer and then file an appeal, he said, which is allowed by law. The appeal could go to court, increasing both the fees and the price. He said that approach in a Fond du Lac County purchase resulted in the state paying the landowners an additional $79,000 as well as $120,000 in the seller’s attorney fees, for example. Klein said the department wants a $5,000 maximum payment to attorneys, saying that’s a fair amount in an average eminent domain case. He said surrounding states range from no payments, to 33 percent of the price paid to the landowner, to a portion of attorney fees in certain situations. But Dan Biersdorf, with Biersford & Associates, which represents many landowners in eminent domain cases, said the DOT could avoid the extra costs if its first purchase offers were reasonable, rather than low. “They just want to pay less money,” said Kelly Keady, also with Biersdorf & Associates, about the DOT. “The lowest price isn’t just compensation.” |
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