Klemm v. American Transmission Co., LLC

This case involved litigation expenses under Wis. Stat. 32.28(3)(d) in a condemnation proceeding between defendant and plaintiffs, the condemnees, when defendant initiated condemnation proceedings against the condemnees under Wis. Stat. 32.06 for an easement to construct an electrical transmission line across the condemnees' property. At issue was whether litigation expenses should be awarded when an appeal was taken from a negotiated price recorded in a certificate of compensation. The court held that an owner who accepted the negotiated price under section 32.06(2a), timely appealed that price, and subsequently received an award from the county condemnation commission that exceeded the thresholds under section 32.28, should be awarded litigation expenses. The court also considered, but was not persuaded by various other arguments defendant made criticizing the circuit court's and the court's interpretation of section 32.06(a) and section 32.28(3)(d) that the condemnees in the present case should be awarded litigation expenses.