Wisconsin Supreme Court rules other sales to condemnor inadmissible.

Byline: David Ziemer

A property owner challenging a condemnation award may not introduce the sale price of comparable properties sold to the condemning authority in the midst of a public project, the Wisconsin Supreme Court held on Dec. 1.

The decision affirms a published decision of the court of appeals, Pinczkowski v. Milwaukee County, 2004 WI App 171, 276 Wis.2d 520, 687 N.W.2d 791.

In 1987, Milwaukee County began planning to expand General Mitchell International Airport. A master plan was approved by the Milwaukee County Board of Supervisors in 1993, and included obtaining properties located near the airport for airport use. In 1996, the Board passed a resolution directing officials to commence negotiations with the property owners.

One such property was owned by Gloria Pinczkowski, consisting of a large lot and residence.

The county also informed Hertz Corporation and other rental car companies that they would need to relocate their facilities. In 1997, Hertz sent Pinczkowski a letter of intent to purchase her property, but Hertz did not ultimately purchase the property.

Acquisition of the Pinczkowski property was approved, along with the properties adjacent to it. In 1997 and 1998, respectively, the county purchased the properties located to the north and south of Pinczkowski's after negotiating with the owners.

In 1999, the county offered to purchase Pinczkowski's property for $93,027, but Pinczkowski rejected the offer. Through an award of damages, Milwaukee County acquired the Pinczkowski property by eminent domain for $350,000.

Pinczkowski challenged the amount of award in circuit court. Prior to trial, Milwaukee County Circuit Court Judge Michael Guolee barred evidence of the prices the county paid for the adjacent properties, and the amount offered in Hertz' letter of intent.

The jury's verdict resulted in a net award of $285,000 - $65,000 less than the county had paid. Pinczkowski appealed the evidentiary rulings, but a divided court of appeals affirmed. The Supreme Court accepted review, but also affirmed, in a unanimous decision by Justice Ann Walsh Bradley.

The court cited its long-standing evidentiary rule excluding purchase prices paid by condemning authorities as evidence of fair market value. In Blick v. Ozaukee County, 180 Wis. 45, 46, 192 N.W. 380 (1923), the court held, "the price paid in settlement of condemnation proceedings, or the price paid by the condemnor for similar land, even if proceedings had not been...