Real Estate & Property Law

U.S. Supreme Court Declines Review Of Wisconsin's Application Of The Undivided Fee Rule

By Robert Thomas (inversecondemnation.com)

Today, the U.S. Supreme Court denied review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).

This is the case challenging the constitutionality of the "undivided fee rule" as applied by the Wisconsin Supreme Court. That court concluded the rule requires a leasehold interest -- which would be worth over $1 million if condemned separately -- be valued at zero. [Disclosure: we filed an amicus brief for the National Association of Home Builders and the Wisconsin Builders Association in the case, supporting the VFW.]

More about the case, including the cert petition, BIO, and amicus briefs here. The Court's docket entry is here.

Full post as published by inversecondemnation on June 21, 2010 (boomark / email).