Warehouse II, LLC v. State Department of Transportation

¶ 36. (dissenting). I agree with the circuit court and the court of appeals: Warehouse II does not recover litigation expenses.

¶ 37. As the majority opinion correctly explains, the primary purpose of the condemnation statute is to achieve just compensation. Litigation expenses are not included in just compensation.1 If litigation expenses are to be awarded, the legislature must expressly so provide.

*106¶ 38 This is a statutory interpretation case. The issue is what Wis. Stat. § 32.28(3)(b) means when it awards a condemnee litigation expenses when the con-demnor "does not have the right to…