In 118th Street Kenosha, LLC v. Wisconsin Dep’t of Transportation, No. 2012AP2784 (Dec. 10, 2014), a condemnation case, the Wisconsin Supreme Court considered these three issues:

(1) Is a temporary limited easement compensable under Wis. Stat. § 32.09(6g)?

(2) Assuming that a temporary limited easement is compensable under Wis. Stat. § 32.09(6g), did the circuit court appropriately exercise its discretion when it excluded evidence of the commercial property’s diminution in value from lost direct access and proximity to 118th Avenue because the temporary limited easement did not cause the loss?

(3) Is the LLC barred from recovering compensation for the commercial property’s loss of direct access and proximity to 118th Avenue because the relocation of 118th Avenue was a proper exercise of the DOT’s police power?

The crux of the issue before this court is whether damages under Wis. Stat. § 32.09(6g) for the temporary limited easement include the commercial property’s diminution in value caused by its loss of direct access…

Continue Reading Wisconsin: No Compensation For Loss Of Access Because Lost Access Not “Direct”