Berg v. Board of Regents of State Universities

One encyclopedia in reviewing cases involving the problem of burden of proof in eminent domain cases concluded :

“The decisions of the various courts are hopelessly in conflict as to the question of where lies the burden of proving the value of land taken in condemnation proceedings, and much of the conflict results from the particular constitutional and statutory provisions in question.” 29A C. J. S., Eminent Domain, p. 1169, sec. 271.

In Wisconsin the pertinent statute is sec. 32.06 (10), Stats., dealing with appeals by either the condemnor or condemnee from an award of the condemnation…