Easements

Frequently in Wisconsin Eminent Domain and Condemnation law, the condemning authority (usually the government or a utility company) will decide to acquire an easement from landowners. 

​An easement is a permanent right to go on somebody else's land and use parts of their land in certain ways. In many ways it is like a lease that goes on forever, however typically only one payment is ever made for it. 

The government or company makes one payment and is then entitled to use the landowner's property until the end of time. Literally. Landowners must be paid for the taking of an easement, however many Wisconsin landowners feel that it is unfair that they are paid only once for an easement that the government or utility company is allowed to use forever without ever paying rent. The landowner must continue to pay the taxes. Sometimes the land will be heavily burdened by the easement, and other times less so. In some situations the land is so heavily burdened by the easement that the landowner has almost no remaining rights other than to pay the property taxes. Under Wisconsin law, property owners must be paid for the loss in value to their entire property caused by the imposition of the easement, however any taking involving an easement is almost certain to raise a lot of questions. Easement takings are some of the most complicated takings and it is important to consult with an eminent domain attorney as soon as possible if your land may be the target of an easement taking.