Besnah v. City of Fond Du Lac

The sole issue on this appeal is:

Is there any credible evidence to sustain the findings of the jury?

In condemnation cases just compensation for the taking is what the owner has lost, not what the condemnor has gained. Volbrecht v. State Highway Comm. (1966), 81 Wis. (2d) 640, 647, 143 N. W. (2d) 429. The measure of the owner’s loss in case of a partial taking, such as this case, is provided by sec. 32.09 (6), Stats., in part:

“In the case of a partial taking, the compensation to be paid by the condemnor shall be determined by deducting from the fair market value of the whole property…