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SAVAGE v. AMERICAN TRANSMISSION CO., LLC

No. 2012AP137.

828 N.W.2d 244 (2013)

346 Wis.2d 130

2013 WI App 20

John P. SAVAGE, Plaintiff-Appellant, v. AMERICAN TRANSMISSION COMPANY, LLC and ATC Management, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed January 16, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Alan Marcuvitz and Andrea H. Roschke of Michael Best & Friedrich, LLP, Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Katherine Stadler and Bryan J. Cahill of Godfrey & Kahn, S.C., Madison.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

REILLY, J.

¶ 1 This case addresses the determination of just compensation when an easement is taken by eminent domain. An easement provides a nonpossessory right to enter and use land in the possession of another that obligates the landowner not to interfere with the uses authorized by the easement. See RESTATEMENT (THIRD) OF PROP.: SERVITUDES § 1.2 (2000). American Transmission Company, LLC ("ATC") took an easement on John Savage's property. Savage...

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