OCA Files Amicus Brief in Wisconsin Eminent Domain Case Involving Highway Department’s “Jurisdictional Offer”

OCA’s Amicus Brief specifically addresses the applicable standard when construing eminent domain statutes; the proper statutory construction of the Wisconsin statutes at issue; the extraordinary power of eminent domain and why special rules are needed to level the playing field between condemnors and condemnees; the importance of properly ascertaining and determining severance damages in a partial taking case in order to reach overall just compensation; and the duty of the condemnor to make proper and supportable pre-litigation offers, particularly when they become the basis of later determinations, such as whether the landowner should be reimbursed attorney fees incurred in defending the eminent domain case. To view a copy of OCA’s Amicus Brief, click here.