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Jan. 6, 2010 – Property owners greeted the U.S. Supreme Court’s 2005 condemnation-dispute ruling in Kelo v. City of New London with a “firestorm of protest,” according to attorneys John M. Van Lieshout and Richard W. Donner, in their new book, Wisconsin Condemnation Law and Practice, published in December 2009 by State Bar of Wisconsin CLE Books.
In the landmark Kelo opinion, the court said that the taking of private property for the purpose of economic development is a “public use,” justifying the government’s exercise of its eminent-domain powers. The plaintiffs’ properties at issue in Kelo were not alleged to be blighted, but were located in an area designated for economic rejuvenation.
Wisconsin was one of many states that enacted “sweeping legislative changes” in response to Kelo. In 2006, the Wisconsin Legislature amended the state’s eminent-domain statute to require that a governmental authority make a “blighted property” determination before condemning property that it ultimately intends to sell or lease to a private entity. The legislation prohibits condemnation for such uses in the absence of this finding of blight.
Recognizing that Wisconsin for years has lacked an up-to-date legal resource on the evolving topic of eminent domain, attorneys Van Lieshout and Donner, both with Reinhart Boerner Van Deuren s.c., have shared their real estate law expertise by penning the newest addition to the State Bar of Wisconsin CLE Books library, Wisconsin Condemnation Law and Practice.
Starting with the basic inquiry of what constitutes a taking, the authors move on to discuss the public policy behind condemnation, procedural details, costs and compensation, parties’ rights, and remedial options for those affected by condemnation. They offer strategic and tactical advice for a condemnation trial and devote a chapter to inverse condemnation. And, of course, they examine the Kelo decision, including its impact on specific economic development projects in Wisconsin.
Eminent domain practice is always intrusive, often emotionally charged, and sometimes politically intense. Sensitive to this background, the authors of Wisconsin Condemnation Law and Practice thoughtfully analyze the law and the competing public and private interests that give it context. Whether practicing in municipal law, business law, or real-estate law – or in other related areas – attorneys should find this new title to be a valuable addition to their legal libraries.
The new Condemnation Law treatise costs $99 for members and $129 for nonmembers, plus tax, shipping, and handling.
