Court to decide whether utility easement renders property worthless
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DELAVAN — A Delavan couple who sued the American Transmission Company over an easement for power lines on their property will have another day in court.
Scott and Lynnea Waller argued that the sale of part of their property for a utility easement made rest of their property effectively worthless.
They sued the company to force them to purchase the entire property, but their case was dismissed in Walworth County Circuit Court.
Last week, however, a Wisconsin Appeals Court reversed that ruling, saying that the legislature clearly allowed such cases to be heard in court.
According to the appeals court, the Wallers in March of 2008 were offered $99,500 for two easements.
Their entire property was appraised at between $130,000 and $132,000.
On April 25, 2008, the Wallers filed a complaint alleging that ATC had proposed to acquire a portion of their property under terms that would leave them with an uneconomic remnant.
However, the complaint was dismissed.
The case has now been sent back to circuit court, which must decide if ATC acquiring the easements creates an uneconomic remnant.
If so, ATC is required to make a concurrent offer for the remnant and to provide relocation benefits.
Read the full ruling HERE.
Jan 2, 2010 at 11:07 a.m.
Suggest removal
Lets see, if ATC were to pay Wallers $132,000 for the property (the whole thing) and acquire title, and resell the property to someone else.
Wallers get full value.
ATC pays $132k, and resells for say $75k.
ATC (ratepayers) get a net cost of $57k.
And an affordable home is on the market.
Nov 2, 2009 at 12:37 p.m.
Suggest removal
I thought that ATC has been telling everyone that they (ATC) did not need to "purchase" easements in the Delavan area. That they only needed to "perfect" (i.e. widen) the pre-existing easements?!?
Let's see, the Wallers property is triangular (according to Walworth County's webmap). And if the powerlines go along two sides of their property, how much of their property is left that is buildable??
Yeah, "uneconomic remnant" would seem correct.
If the government (and ATC is working under the authority of State Law's condemanation authority) wants to buy your property, they can. BUT they need to properly and completely reimburse you for your loss.
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