Legal Opinion

Savage v. American Transmission Co.

Court of Appeals of Wisconsin

Decided January 16, 2013No. 2012AP137PublishedCited by 3 opinions

1Opinion of the CourtReilly, J.

¶ 1. This case addresses the determination of just compensation when an easement is taken by eminent domain. An easement provides a nonpossessory right to enter and use land in the possession of another that obligates the landowner not to interfere with the uses authorized by the easement. See Restatement (Third) of Prop.: Servitudes § 1.2 (2000). American Transmission Company, LLC ("ATC") took an easement on John Savage's property. Savage requested that a jury determine the amount of compensation he was due for the taking.

*135¶ 2. By statute, a jury is to arrive at a just compensation figure by…

2Cases cited10 opinions

  1. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  2. Carazalla v. StateWisconsin Supreme Court · 1955
  3. AKG REAL ESTATE, LLC v. KostermanWisconsin Supreme Court · 2006
  4. Imposition of Sanctions in Alt v. ClineWisconsin Supreme Court · 1999
  5. 260 North 12th Street, LLC v. State of Wisconsin Department of TransportationWisconsin Supreme Court · 2011

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3Cited by3 opinions

  1. 118th Street Kenosha, LLC v. Wisconsin Department of TransportationWisconsin Supreme Court · 2014
  2. 118th Street Kenosha, LLC v. Wisconsin Department of TransportationWisconsin Supreme Court · 2014
  3. Hollfelder Living Trust Dated December 6, 2012 v. American Transmission Company LLCCourt of Appeals of Wisconsin · 2026

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