Running head: TEAM REFLECTION IRAC BRIEF

Team Reflection IRAC Brief

Team C
LAW 531
November 17, 2014
Craig Wellnitz

TEAM REFLECTION IRAC BRIEF

Team Reflection IRAC Brief

Case: Anna M Truckenbrod et al vs. School District of Beloit, Rock County Case Number
2013CV000450. The school district had executed eminent domain of the Trukenbrod property.
Truckenbrod declined the compensation offer on the districts independent appraiser. Hiring
another independent appraiser, the property was assessed at a significantly higher value based off
location and potential.

Issue: Will the School District of Beloit pay for the Truckenbrods property and what will the
land be used for? The property is a projected school in years to come and represent the Beloit
community and School District of Beloit.

Rule: According to Wisconsin State Legislature (2014). Any city may condemn or otherwise
acquire property for public alleys, grounds, harbors, libraries, museums, school sites, vehicle
parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, water systems and
water mains (Eminent Domain). The purpose of eminent domain in this case was for the
School District of Beloit to build a new school. Truckenbrod believed the just compensation
offered for the eminent domain of her property was not sufficient. As a basis for determining
value, a commission in condemnation or a court may consider the price and other terms and
circumstances of any good faith sale or contract to sell and purchase comparable property
(Wisconsin State Legislature, 2014). The court decided that the Condemnation Committee did
not offer just compensation thus ruled in favor of the plaintiff.

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Analysis: The Beloit School District had garnered passage of a referendum in April, 2012 to
build an intermediate school and will need Ms. Truckenbrods property to build the school
(Beloit Daily News, 2014). The district had already acquired four other properties in the location
ranging in costs of $100,000 to $ 225,000, and acreages of three to four acres per lot (Beloit
Daily News, 2014).
The initial offer during the condemnation process of Ms. Truckenbrods property was
determined to be $203,000, at fair market value (Beloit Daily News, 2014). Because the
Truckenbrods did not feel this was an adequate offer for the property, they filed an appeal
disputing Rock County Condemnation Commissions award of $203,000 for the lot (Beloit Daily
News, 2014). During deliberations at the appeal hearing, both sides brought forth their land
appraisers to testify in regard to their appraisals of Ms. Truckenbrods property (Beloit Daily
News, 2014). The findings of the jury awarded Ms. Truckenbord $382,000 for the parcel of land
on May 21, 2014 (Beloit Daily News, 2014). The school district filed an appeal disputing the
verdict, and on August 12, 2014 the motion was denied and the jurys verdict will stand (Beloit
Daily News, 2014). Rock County Judge Barbara McCrory will write her opinion who she feels
should be responsible for the legal expenses associated with the case (Beloit Daily News, 2014).

Conclusion: Although the Truckenbrods rejected the final offer for the land, they went before
the condemnation commission a settlement agreement was awarded in the amount of $382,000
for the land value and legal fees of $72,000.. The school district needed the land for a new
intermediate school. The school board will not appeal the decision.

TEAM REFLECTION IRAC BRIEF

Explanation: In the state of Wisconsin the statute states that the expenses should be awarded to
the condemnee if the condemnee appeals an award of the condemnation commission which
exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at
least $700 and at least 15 percent (Gaven, 2014). In this case, the land was appraised at $382,000
in addition legal fees and costs were awarded on behalf of the Truckenbods costing the district
over $500,000 for 4.08 acres of land. After a lengthy trial the Beloit School District decided not
to appeal the courts decision, therefore leaving a large bill for an intermediate school (Gaven,
2014)

TEAM REFLECTION IRAC BRIEF

References
Beloit Daily News. (2014). Judge Rules No New Trial in Truckenbrod Case. Retrieved from
http://www.beloitdailynews.com/judge-rules-no-new-trial-in-truckenbrodcase/article_d6a687ec-224c-11e4-ac6b-001a4bcf887a.html
Beloit Daily News. (2014). Jury in Eminent Domain Trial Nearly Doubles the Bill. Retrieved
from http://www.beloitdailynews.com/news/jury-in-eminent-domain-trial-nearlydoubles-the-bill/article_bac00204-e1c1-11e3-a0cd-001a4bcf887a.html
Wisconsin State Legislature. (2014). Retrieved
fromhttp://docs.legis.wisconsin.gov/statutes/statutes/32