Miesen v. State Department of Transportation

Landowner Robert Miesen appeals an order dismissing his small claims action against the Department of Transportation. Miesen sought the balance of appraisal costs he submitted to the DOT for payment under § 32.05(2)(b), Stats., which allows a landowner to submit the "reasonable costs" of an independent appraisal to the DOT when the DOT commences condemnation proceedings against the owner. The circuit court concluded that it lacked jurisdiction because of sovereign immunity and therefore dismissed the complaint.

Miesen contends that: (1) because the reasonable cost of an appraisal is part of…