Christus Lutheran Church of Appleton v. Wisconsin Department of Transportation

Summary

The Wisconsin Supreme Court reviewed whether the Wisconsin Department of Transportation’s jurisdictional offer to purchase property through eminent domain was valid under Wis. Stat. § 32.05. The court held that the offer was sufficiently based upon an appraisal even though it included revised valuations and compensation for items not separately allocated in the initial appraisal. The court reversed the decision of the court of appeals and upheld summary judgment for the Department.

Holdings

1. A jurisdictional offer need not equal the appraisal on which it is based. A monetary difference between the appraisal and the jurisdictional offer does not by itself invalidate the offer.
2. The appraisal satisfied Wis. Stat. § 32.05(2)(a)'s requirement to appraise all property proposed to be acquired because the statute concerns property, not every category of damages or compensation resulting from the taking.
3. A condemnor is not required to obtain a new appraisal merely because its internal administrative review identifies additional or increased compensation items for inclusion in the jurisdictional offer.

Questions Presented

1. Whether the Department of Transportation's $403,200 jurisdictional offer was based upon an appraisal as required by Wis. Stat. § 32.05(2)(b) and (3)(e), even though the offer included increased or new compensation amounts not separately valued in the initial appraisal.
2. Whether the appraisal satisfied Wis. Stat. § 32.05(2)(a)'s requirement that it value all property proposed to be acquired.
3. Whether the court of appeals could require a condemnor to obtain a new appraisal whenever an independent review of an appraisal identifies additional statutory items of compensation.

Disposition

reversed