Aero Auto Parts, Inc. v. State Department of Transportation

The following issue is presented on appeal:

Is a tenant, under sec. 32.19(1), Stats. (1967), entitled to recover the cost of realigning personal property on the same site in a partial taking in eminent domain proceedings?

The plaintiff’s claim for compensation is based upon sec. 32.19(1), Stats. (1967), which was in effect at the time of the taking in this case. Sec. 32.19 of the statutes was repealed and recreated in chapter 409, Laws of 1969. In rewriting the section, the legislature chose to utilize a statutory framework significantly different from that of the repealed section. Therefore,…