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MITTON v. TRANSPORTATION DEPT.

No. 93-0160.

184 Wis.2d 738 (1994)

516 N.W.2d 709

William H. MITTON and Suzanne Petru, Plaintiffs-Appellants, v. Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided June 15, 1994.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief by Hugh R. Braun, Beth A. Thorson and Godfrey, Braun & Hayes, Milwaukee and oral argument by Hugh R. Braun.

For the defendant-respondent-petitioner the cause was argued by Daniel S. Farwell, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

WILLIAM A. BABLITCH,J.

The issue presented in this case is whether the Department of Transportation (DOT) has the authority to condemn 6.26 acres of William H. Mitton's and Suzanne Petru's (Mittons) river front property when only 1.26 acres of the land is needed for a highway right-of-way. The DOT contends that because the land is an historic site containing Indian artifacts, it was required under federal law to minimize the effect of the highway construction on the...

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