This is a Summary of the Wisconsin Eminent Domain Law, Including the Eminent Domain Process, Hiring an Eminent Domain Attorney as well as Property Rights in Wisconsin.
When a Government authority in Wisconsin needs to acquire your property for a public use project, it is usually a new endeavor for property owners. Frequently, the only information a Wisconsin property owner will receive regarding the Wisconsin eminent domain process is a pamphlet created by the condemning authority. When it comes to eminent domain, the government is playing in their arena; they do this every day. They know what the rules are, they know how the rules affect them, and they also know how the rules affect you.
If you’re affected by eminent domain, your initial question might be- can I stop the process? In most cases, you won’t be able to prevent the government from acquiring your land, but you are entitled to just compensation. Learn more about eminent domain and what you’re entitled to receive for just compensation, or continue reading to learn about the laws that are specific to Wisconsin residents and more about Wisconsin eminent domain attorney.
Biersdorf & Associates is a Wisconsin eminent domain law firm that only represents property owners, never the government or condemning authority. Although we practice nationally, we handle more eminent domain cases in Wisconsin courts than any other law firm. We have helped hundreds of Wisconsin property owners obtain just compensation, and we have helped expand their property rights through beneficial rulings at the appellate and state supreme court level.
Wisconsin law mandates that once the statutory threshold is met, attorney’s fees in eminent domain cases are paid for by the government. This means that even small claimants can hire an attorney to help them obtain just compensation. Although our firm takes cases of all types and sizes throughout the state, we devote a large portion of our practice to appeals. Continue reading to learn more about the Wisconsin eminent domain process, your rights as a property owner and hiring a Wisconsin eminent domain attorney. You can always contact us for more information.
In the state of Wisconsin, the eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. If you have determined that the proposed taking does meet these requirements, then you should learn more about the Wisconsin eminent domain process.
Remember, even if the government has the right to condemn your property, they cannot dictate the price they are willing to pay; compensation is determined by the highest and best use laws for your property. The following page contains detailed legal information and a flow chart on the Wisconsin eminent domain process.
Learn more about the Wisconsin Eminent Domain Process
The eminent domain abuse dialog often centers on policy issues involving the right to take property for economic development and blight. Since the landmark case of Kelo v. City of New London in 2005, many states have taken measures to help curb eminent domain abuse. Some states were very successful at passing meaningful reform, and other states failed to pass any legislation at all. Most states fall in the middle by passing legislation that looks good on paper but does little to level the playing field between property owners and the government. Learn more about hiring a Wisconsin eminent domain attorney today by calling us at 866-339-7242.
The Castle Coalition, a nationwide grassroots property activism project by the Institute for Justice, released a comprehensive report in 2006 that graded each state based on eminent domain legislative changes which expand and protect property rights.
Did you know that the Castle Coalition gave Wisconsin a C+ when it comes to property owners’ protection against eminent domain?
Learn more about Wisconsin Property Rights
The most blatant form of eminent domain abuse occurs when the government or condemning authority makes a ‘low ball’ offer. This scenario invariably requires the property owner to hire an attorney to obtain just compensation. Fortunately, the vast majority of Wisconsin eminent domain attorneys work on a contingent fee basis, meaning they charge a percentage of the additional money they obtain for the property owner.
With the contingent fee structure, the attorney assumes the risk for earning a fee, so most eminent domain attorneys will conduct a free case evaluation prior to recommending representation. Property owners are generally only responsible for paying costs, with the primary cost being the appraiser who values the property.
Fortunately for Wisconsin property owners, the government or condemning authority is required to pay your attorneys fees and costs when certain criteria are met. In some cases, even small claimants can hire an attorney to pursue their claim for just compensation. Learn more about hiring a Wisconsin eminent domain attorney today by calling us at 866-339-7242.
Very few attorneys can claim expertise in the area of wisconsin eminent domain law. Make sure you obtain a consultation from a Wisconsin eminent domain attorney so that you know and understand your rights before taking any action. Remember, the government is like any buyer, they will want to purchase your property as cheaply as possible, and their appraisers may neglect to consider damages that can lead to a larger amount of just compensation.
Learn more about the Wisconsin Attorney Fee Recovery Statute