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Spiegelberg v. State

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eBook details

  • Title: Spiegelberg v. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 27, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

1 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. ร‚§ 32.09(6) (2003-04), which determines the method by which just compensation is to be determined for a partial taking, permits a flexible approach such that the individual characteristics of each property may be considered, according to each propertys highest and best use, in order that the property owner receives just compensation for the taking. Because valuing the tax parcels separately produced a value consistent with the most advantageous use of this property, the circuit court correctly chose the method of appraisal employed by Bernice Spiegelbergs appraiser. Therefore, we affirm the judgment and order of the circuit court that awarded $84,200 to the property owner.


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