ATC wins condemnation case on appeal

WAUSAU, Wis. (WSAU) – A state appeals court has ordered a new trial in the case of an Eland couple who fought a transmission company over a power line built on their property.

The Third District Court of Appeals reversed a $150,000 judgment that a jury awarded American Transmission Company pay to Thomas and Jo Ann Fields.

At issue is whether the jury had all the facts to decide how much the Fields’ were owed when ATC condemned a part of their property to replace existing transmission line poles from an H-frame model to a monopole.

The trial judge excluded evidence about existing easement rights, arguing that it would confuse the jury.

But ATC claimed that the jury could not accurately determine the before and after fair market value of the property because it did not know that the existing easement already gave ATC the right to expand the circuits, voltage and height of the transmission line.

“The [trial] court’s exclusion of the evidence was prejudicial because the jury was not allowed to consider what additional rights were taken by ATC,” the appellate panel wrote in a decision released Tuesday. “The jury only heard one half of the story.”

Having the additional evidence could determine how much the Fields are owed.

A county condemnation commission originally awarded the Fields $6,800 while the jury awarded nearly $41,000. The rest of the $150,000 judgment is taken up by attorney fees and interest.

“We're pleased with what the appeals court found,” said Franc Fennessy, ATC's director of land management.

Neither the Fields nor their attorney could be reached for comment.

The appeals court ordered the case published, which means other judges in Wisconsin can refer to it in settling condemnation cases.