Jonas v. State
Wisconsin Supreme Court
1Opinion of the CourtFairchild, J.
1. Unity of use. An owner of property is entitled to compensation for severance damages as well as for property actually taken.
“In the case of a partial taking the compensation shall be determined by deducting from the value of the property immediately before the time of evaluation, its fair market value immediately after the date of evaluation, ...”
Where two or more distinct parcels (at least when owned by the same person) are used as a unit, the parcels may be treated as one and the taking of part or all of one of them treated as a partial taking of the combined whole.
In the case before us…
2Cases cited5 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Milwaukee Toy Co. v. Industrial CommissionWisconsin Supreme Court · 1931
- Board of Commissioners v. LaboreSupreme Court of Kansas · 1887
- Trempealeau County v. MarshWisconsin Supreme Court · 1948
- Lippert v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
3Cited by50 opinions
- State v. Ridgeway Brands Manufacturing, LLCSupreme Court of North Carolina · 2008
- Lyon v. BarrettSupreme Court of New Jersey · 1982
- E. S. Preston Associates, Inc. v. PrestonOhio Supreme Court · 1986
- Board of Transportation v. MartinSupreme Court of North Carolina · 1978
- Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
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