Justmann v. Portage County

¶ 1. Thomas and Victoria Justmann appeal from a judgment on a jury verdict awarding them $10,700 for property taken by Portage County for highway construction. The Justmanns contend that under Wis. Stat. § 32.09(6) (2001-02) 1 they are entitled to an additional $43,894.89 in severance damages. Because we conclude that the plain language of § 32.09(6) does not provide severance damages 2 when compensation for a partial taking is based on the fair market value of the property taken, as it was here, we affirm.

Background

¶ 2. This eminent domain case arises from Portage County's condemnation of a…