BERG v. BOARD OF REGENTS

No. 39.

40 Wis.2d 657 (1968)

162 N.W.2d 653

BERG and wife, Respondents, v. BOARD OF REGENTS OF STATE UNIVERSITIES, Appellant.

Supreme Court of Wisconsin.

Decided November 26, 1968.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Charles A. Bleek, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondents there was a brief by Howard F. Thedinga of Menomonie, and by Betz & LeBarron of Eau Claire, attorneys, and Frank E. Betz of counsel, and oral argument by Frank E. Betz.


HEFFERNAN, J.

One encyclopedia in reviewing cases involving the problem of burden of proof in eminent domain cases concluded:

"The decisions of the various courts are hopelessly in conflict as to the question of where lies the burden of proving the value of land taken in condemnation proceedings, and much of the conflict results from the particular constitutional and statutory provisions in question." 29A C. J. S., Eminent Domain, p. 1169, sec. 271...

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