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Condemnation Law and Practice in Wisconsin

Product ID: AE0310_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-525-3

Part of the Books Unbound Library Collection: Real Estate Law

This 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.

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Part of the Books Unbound Library Collection: Real Estate Law

This 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.

Read More ↓

330+ pp.; 2nd ed. 2017-18
(Includes 2020-21 and 2023-24 supplement)

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

The 2023-2024 supplement includes a number of changes such as:

  • Information about new appellate court opinions discussing various matters, such as permissible uses of a municipality’s condemnation powers; damages claims related to road-grade construction projects; the methodology for determing the value of a temporary limited easement; and governmental takings claims
  • Updated references to the applicable threshold dollar amount used to determine whether property owners may recover litigation expenses after receiving a condemnation award

The 2020-2021 supplement includes a number of changes such as:

  • New discussions of several Wisconsin Supreme Court and Court of Appeals opinions addressing various matters, such as jurisdictional offers in condemnation proceedings; damages claims related to road-grade construction projects; and just-compensation determinations in cases involving governmental takings
  • A U.S. Supreme Court case, which overruled part of a prior decision and held that claimants need not seek just compensation through inverse condemnation actions in state court before filing a takings claim in federal court
  • Updated references to the applicable threshold dollar amount used to determine whether property owners may recover litigation expenses after receiving a condemnation award

The supplement also adds to the book’s “Case Studies” section a discussion of the issues surrounding the development of property in the Wisconsin village of Mount Pleasant by the electronics manufacturer Foxconn.

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Authors

For an in depth view of the content in this book, please click to view Table of Contents.

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To help you keep your books up to date and save money, the State Bar offers an automatic supplementation service for print books. With this service, new supplements and revisions are mailed automatically with an invoice. The invoice includes the cost of the supplement or revision at a 10% discount, the standard postage and handling charge, and Wisconsin sales tax. Return privileges apply, and you may cancel your subscription at any time. If you DO NOT wish to subscribe to new supplements or revisions, please opt out at checkout or notify Customer Service after you order at (800) 728-7788.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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