Program Chair & Presenter
Daniel P. Bach
Lawton & Cates, S.C.
Jefferson
Presenters
Adam S. Bazelon
Axley LLP
Waukesha
Frank J. Jablonski
Progressive Law Group LLC
Madison
Kurt Kielisch
Forensic Appraisal Group, Ltd.
Neenah
Joseph J. Rolling
von Briesen & Roper S.C.
Milwaukee
8:30 am The Appraisal Process
- Discuss the 60-Day Second-Opinion Appraisal Option, including
o What the option is and its intended purpose.
o When the option works as intended—and when it does not.
o When property owners should or should not use the option, and what drives that decision.
o What attorneys need to advise clients wisely and the risks of skipping the second opinion.
o How proper use supports Just Compensation and keeps property owners whole.
- Temporary Limited Easements (TLEs) After Backus
o What TLEs are and how they were valued before Backus.
o Key impacts of the Backus decision and the valuation problems it created.
o How TLEs are valued post-Backus and how the decision affects Just Compensation.
Kurt Kielisch
9:20 am Navigating Wisconsin’s Eminent Domain Process from Negotiation to Litigation
- Master the critical distinctions between quick-take and petition procedures to strategically time your client’s property acquisition or defense.
- Navigate mandatory pre-negotiation requirements including appraisal disclosures, landowner rights pamphlets, and the 60-day owner appraisal option to avoid procedural defects
- Avoid costly pitfalls with title issues, appraisal deficiencies, and negotiation missteps that can trigger fee-shifting under Wis. Stat. § 32.28.
- Leverage mandatory fee-shifting provisions to protect landowner-clients or counsel condemnors on minimizing exposure.
- Advise clients on the 40-day window to challenge “right to take” issues including good faith negotiation failures and scope of taking disputes
Joseph J. Rolling
10:10 am Break
10:25 am Preparation for and Trial of Just Compensation in an Eminent Domain Takings Case
- Selecting an appraiser and points to focus on in reviewing appraisals
- Review different approaches to property valuation
- Factors to consider regarding potential settlement versus trial
- Pretrial motions to consider
- Trial preparation of lay and expert witnesses
- Trial strategies, including exhibit selection, voir dire, direct and cross examination
Daniel P. Bach, Adam S. Bazelon
11:15 am Just Compensation
- What is compensable in different “takings,” and what to look for when reviewing appraisal work.
- Key concepts driving just compensation e.g., “highest and best use,” the principles courts have presented to guide thinking about just compensation and others
- Issues implied in the “before and after” when the condemnor acquires some property, leaving the landowner is left with the rest
o circumstances when what is left to the landowner is so badly impacted by the “taking” as to be unwanted by the landowner.
Frank J. Jablonski
12:05 pm Program Concludes
- Deliver more strategic guidance to clients facing property acquisition or defense
- Apply a complete condemnation timeline so you can manage early appraisal steps and late-stage litigation with confidence
- Spot settlement opportunities early and identify cases where litigation is the more advantageous path
- Improve trial performance with targeted preparation for expert and lay witnesses, focused exhibit selection, and effective examination strategies
- Reduce risk by recognizing procedural hazards that can jeopardize funding, trigger fee-shifting, or undermine jurisdictional offers
- New lawyers
- Lawyers new to condemnation practice
- Real estate lawyers
- Government and municipal lawyers
- Administrative lawyers
- Litigators
- Environmental lawyers
- Insurance lawyers
YLD Discount!
Young Lawyers Division members receive a $20 discount on tuition.* Discount applied automatically upon log-in.
*Young Lawyers Division Members are State Bar member attorneys 36 years of age or younger, or within five years of admission to the State Bar of Wisconsin. If you’ve opted out of YLD, you will not receive this discount. The $20 discount only applies to in-person, live webcast, and webcast replay versions of this seminar – not CLE OnDemand.. YLD members with Ultimate Passes, other CLE passes, or PINNACLE discounts are not eligible for this discount.
Book Bonus!
Condemnation Law and Practice in Wisconsin
Save 15% on Condemnation Law and Practice in Wisconsin.* This definitive guide helps you understand condemnation procedures, protect property rights, and effectively advocate in eminent domain matters. Use discount code CA3927 when you order online or by calling (800) 728-7788.
*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid through 12/31/27. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on the purchase of libraries. Discount cannot be combined with any other offers.
The Build Your Practice Series from State Bar of Wisconsin PINNACLE® introduces you to the fundamentals of various practice areas. Gain the tools and information you need to develop a new area of practice and expand your firm's offerings. Build Your Practice Series programs are endorsed by the State Bar's Young Lawyers Division.