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SPIEGELBERG v. STATE

No. 2004AP3384.

717 N.W.2d 641 (2006)

2006 WI 75

Bernice SPIEGELBERG, Plaintiff-Respondent, v. STATE of Wisconsin and Department of Transportation, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 27, 2006.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was argued by Robert M. Hunter, assistant attorney general, with whom on the briefs (in the court of appeals and supreme court) was Peggy A. Lautenschlager, attorney general.

For the plaintiff-respondent there was a brief by Dan Biersdorf, E. Kelly Keady, and Biersdorf & Associates, S.C., Milwaukee, and oral argument by Dan Biersdorf.

¶ 1 PATIENCE DRAKE ROGGESACK, J.

This case comes to us on certification from the court of appeals. The certified question is whether, when a partial taking affects multiple contiguous tax parcels that have common ownership, the property is to be valued based on: (1) the fair market value of the combined acreage as a single property or (2) the sum of the fair market values of each individual tax parcel. We conclude that Wis. Stat. § 32.09(6) (2003-04),

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