Schrab v. State Highway Commission

The sole issue to be resolved on this appeal is whether terms may be imposed against the state by a circuit court as a condition to dismissing an appeal taken to that court pursuant to sec. 32.05 (10), Stats., on an award of a county condemnation commission made pursuant to sec. 32.05.

*292This was an eminent-domain proceeding under the provisions of sec. 32.05, Stats. Sec. 32.05 (10) (a) prescribes the procedure by which either the state or an affected property owner may appeal to the circuit court from a county condemnation commission’s award, and provides in part:

“. . . The clerk shall…