Summary
The Wisconsin Supreme Court held that a diminution in property value caused by a change in the grade of an abutting highway is not compensable as "damages to the lands" under Wis. Stat. § 32.18 when no taking occurs. The court affirmed the court of appeals and rejected United America's claim for compensation based solely on reduced property value and lost convenient access.
Holdings
- A diminution in property value caused by a change in the grade of an abutting highway is not compensable under Wis. Stat. § 32.18 because it is not 'damages to the lands.'
- United America could not recover on a theory that it possessed a property right to the flow of highway traffic, and it had no independent indirect-access claim because its predecessor had been compensated for surrendering direct access rights.
Questions Presented
- Whether a diminution in property value caused by a change in the grade of an abutting highway is compensable as 'damages to the lands' under Wis. Stat. § 32.18.
- Whether United America had an independent property right to the flow of highway traffic or an indirect-access claim.
Disposition
affirmed
Cases Cited (14)
- Moreschi v. Vill. of Williams Bay, 2020 WI 95, 395 Wis. 2d 55, 935 N.W.2d 318(followed)
- State ex rel. Kalal v. Cir. Ct. for Dane Cnty., 2004 WI 58, 271 Wis. 2d 633, 681 N.W.2d 110(followed)
- Strenke v. Hogner, 2005 WI 25, 279 Wis. 2d 52, 694 N.W.2d 296(followed)
- Nick v. State Highway Comm'n, 13 Wis. 2d 511, 109 N.W.2d 71 (1961)(followed)
- Jantz v. DOT, 63 Wis. 2d 404, 217 N.W.2d 266 (1974)(distinguished)
- Voigt v. Milwaukee Cnty., 158 Wis. 666, 149 N.W. 392 (1914)(followed)
- Augsburger v. Homestead Mut. Ins. Co., 2014 WI 133, 359 Wis. 2d 385, 856 N.W.2d 874(followed)
- Solie v. Emp. Tr. Funds Bd., 2005 WI 42, 279 Wis. 2d 615, 695 N.W.2d 463(followed)
- Schneider v. Div. of Highways, 51 Wis. 2d 458, 187 N.W.2d 172 (1971)(followed)
- 118th Street Kenosha, LLC v. DOT, 2014 WI 125, 359 Wis. 2d 30, 856 N.W.2d 486(distinguished)
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Cited In (0)
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Court Document
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