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Condemnation Law and Practice in Wisconsin
  • AK0310
  • 978-1-57862-265-8

265+ pp.; 1st ed. 2009
(includes 2014-15 supplement)

In 2005, the U.S. Supreme Court, in the controversial case of Kelo v. City of New London, held that the government could acquire property under its eminent domain authority for economic development purposes.

Wisconsin's response

In response, Wisconsin and many other states have enacted legislation restricting the government's ability to condemn property for such purposes. The Wisconsin Legislature amended the state's eminent domain statute in 2006, to require that a governmental authority make a "blighted property"determination before condemning property that it ultimately intends to sell or lease to a private entity. The amendments prohibit condemnation for such uses in the absence of this finding of blight.

The evolving topic of eminent domain

Now you can find guidance and insight specifically on Wisconsin's condemnation law with the publication of Condemnation Law and Practice in Wisconsin. The book covers both perspectives of the process: that of the condemning authority, and that of the property owner. It explains the circumstances under which the state may undertake a condemnation, and it outlines the requirements for doing so. The book also describes the processes that a property owner must follow to contest a proposed condemnation or to receive compensation for a taking.

By purchasing and using Condemnation Law and Practice in Wisconsin, you will be able to:

  • Gain an understanding of the process and the timelines that must be followed both by the condemning authority and by property owners
  • Understand the rights of property owners
  • Recognize the circumstances under which a condemnation may be commenced
  • Learn the types of condemnations that may be initiated and the procedures that must be followed for each
  • Take the appropriate actions to file a condemnation
  • Advocate for fair compensation determinations
  • Understand why and when to file an inverse condemnation claim
  • File timely appeals from condemnation commission rulings

Condemnation Law and Practice in Wisconsin is the most comprehensive resource available on the condemnation process, start to finish.

Stay current with the latest supplement

The 2014-15 supplement adds discussions of recent legal developments, including:

  • Wisconsin Supreme Court and Court of Appeals opinions that addressed matters such as relocation expenses and damages for loss of access rights; and
  •  U.S. Supreme Court decisions involving Takings Clause issues, such as whether a “temporary” flooding might constitute a taking.

Topics include:

  • Public policy behind condemnation
  • Procedural details
  • Costs and compensation
  • Parties' rights
  • Remedial options for those affected by condemnation

Summary of Contents

  1. What Constitutes a Taking?
  2. Condemnation After Kelo:  Public Purpose and Necessity
  3. The Condemnation Process
  4. Rules Governing Just Compensation
  5. Condemnation:  Displacement, Relocation, and Replacement
  6. Condemnation Fees and Costs
  7. Inverse Condemnation
  8. The Trial of an Eminent Domain Case:  Strategic and Tactical Issues
  9. Tenant and Leasehold Rights in Condemnation
  10. Contamination and Eminent Domain

Additional Materials include:

  • Table of Cases
  • Table of Statutes
  • Index

Putting theory to practice

You'll also find strategic and tactical advice for a condemnation trial, as well as an examination of the Kelo ruling, including its impact on specific economic development projects in Wisconsin. In short, this is destined to be the definitive text for litigating property rights in Wisconsin.

Defending property rights

Don't be left without the guidance of Condemnation Law and Practice in Wisconsin before your next property rights case.

Order your copy today!

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