[DOWNLOAD] "Warehouse Ii" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free

July 25, 2021

eBook details

Title: Warehouse Ii
Author : Supreme Court of Wyoming
Release Date : January 06, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 94 KB

Description

1 This case requires us to decide whether Wis. Stat. Â§ 32.28(3)(b) (2003-04) entitles a successful condemnee to litigation expenses when the basis for the circuit court ruling in its favor is that the condemnor failed to negotiate in good faith before issuing the jurisdictional offer. Good faith negotiation prior to issuing a jurisdictional offer to purchase is not merely a technical obligation, but rather, it is a fundamental, statutory requirement necessary to validly commence condemnation and confer jurisdiction on the condemnation commission and the courts. Therefore, because it is uncontested that the Department of Transportation (DOT) did not negotiate in good faith prior to issuing the jurisdictional offer, the DOT did not commence a statutorily sufficient condemnation. As condemnation is a purely statutory procedure, the DOT lacked the right under the statutes to condemn Warehouse II, LLCs (Warehouse) property. Accordingly, Warehouse is entitled to litigation expenses pursuant to Â§ 32.28(3)(b), as set out in Â§ 32.28(1). Therefore, we reverse the decision of the court of appeals and remand to the circuit court to determine reasonable litigation expenses.