Wisconsin § 32.28 - Costs.

§ 32.28. Costs.

32.28(1) (1) In this section: 32.28(1)(a) (a) “Consumer price index” means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor. 32.28(1)(b) (b) “Litigation expenses” means the sum of the costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees necessary to prepare for or participate in actual or anticipated proceedings before the condemnation commissioners, board of assessment or any court under this chapter. 32.28(2) (2) Except as provided in sub. (3) , costs shall be allowed under ch. 814 in any action brought under this chapter. If the amount of just compensation found by the court or commissioners of condemnation exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer, the condemnee shall be deemed the successful party under s. 814.02 (2) . 32.28(3) (3) In lieu of costs under ch. 814 , litigation expenses shall be awarded to the condemnee if: 32.28(3)(a) (a) The proceeding is abandoned by the condemnor; 32.28(3)(b) (b) The court determines that the condemnor does not have the right to condemn part or all of the property described in the jurisdictional offer or there is no necessity for its taking; 32.28(3)(c) (c) The judgment is for the plaintiff in an action under s.