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Requiring Property Owner to Build Connecting Street Was an Unconstitutional Taking

A Waukesha County Judge ruled that the City of Brookfield’s demand that a property owner build a through-street in order to develop her property was an unconstitutional taking. In Fassett v. City of Brookfield, the Wisconsin Court of Appeals agreed. Bridgett Fassett owned an approximately 5-acre parcel between two subdivisions in Brookfield. Both of the […]

Highway 85 Expansion in North Dakota Moving Forward

Highway 85 Expansion is moving forward with purchasing property this summer. According to the Williston Herald, “The 2021 Legislature again included a $50 million loan authorization to four-lane a 10.3 mile stretch of the highway from Watford City south to the new Long X bridge.” The proposed Highway 85 project comprises approximately 62 miles of […]

Texas Lawmakers Pass Bill that Aims to Make the Eminent Domain Process More Transparent for Landowners

Early in July, Texas lawmakers passed a bill designed to make the process of eminent domain more accessible and transparent for property owners. Eminent domain allows government authorities and utilities to acquire private property for public interest projects like pipelines and roads. Property owners who lose land under eminent domain are supposed to be sufficiently […]

Wisconsin Supreme Court restricts damages by DOT to property owners – again.

In a recent Wisconsin Supreme Court decision, Southport Commons, LLC v. Dep’t of Trasp., the Wisconsin Supreme Court once again restricted the ability of property owners to recover damages when they are negatively impacted by state road projects. Unfortunately, I think the Court got this one wrong. But it will be up to the Legislature […]

Wisconsin Supreme Court Adopts Our Position

On February 28th, 2012 the Wisconsin Supreme Court adopted our position of the property owner relative to the application of summary judgment to forfeiture procedures in State v. Ryan , 2012 WI 16 (Feb. 28, 2012). In this case, the state alleged that our client, Basil E. Ryan, Jr. unlawfully placed and maintained a sunken barge […]

Wisconsin Supreme Court Rules on Contamination Valuation in Eminent Domain Claims

Wisconsin Supreme Court Rules on Contamination Valuation in Eminent Domain Claims The Wisconsin Supreme Court recently reviewed 260 North 12th Street, LLC v. Wisconsin DOT, 2010 WI App 138, 329 Wis. 2d 748, 792 N.W.2d 572 and took the majority state opinion that in condemnation proceedings, the government is allowed to introduce evidence of environmental contamination and […]