Barrows v. Kenosha County

Condemnation statutes are in derogation of the common law and must be strictly construed. Union Mfg. Co. v. Spies (1923), 181 Wis. 497, 195 N. W. 326.

Ch. 32 of the revised statutes treats with procedure in eminent domain. Nowhere in that legislation is authority conferred upon this court to entertain an appeal 'taken prior to the making of an award by commissioners appointed for such purpose.

Until the commissioners have made an award, a proceeding under ch. 32, Stats., is not of a judicial nature, the judge merely acting in an administrative capacity. Klump v. Cybulski (1957), 274 Wis. 604,…