Wisconsin Statutes
Wis. Stat. § 32.11 (2026)
Trial of title
✓ current as of July 2026
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32.1132.11 Trial of title. If any defect of title to or encumbrance upon any parcel of land is suggested upon any appeal, or if any person petitions the court in which an appeal is pending setting up a claim adverse to the title set out in said petition to said premises and to the money or any part thereof to be paid as compensation for the property so taken, the court shall thereupon determine the question so presented. Judgment shall be entered on such determination, with costs to the prevailing party. An appeal from such judgment may be taken as from a judgment in an action.
32.11 AnnotationA successful plaintiff in an inverse condemnation action was entitled to litigation expenses, which included expenses related to a direct condemnation action. Expenses related to an allocation proceeding under this section were not recoverable. Maxey v. Redevelopment Authority, 120 Wis. 2d 13, 353 N.W.2d 812 (Ct. App. 1984).
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1933–2023 · leading case: Maxey v. Redevelopment Auth. of Racine, 353 N.W.2d 812 (Wis. Ct. App. 1984).
Maxey v. Redevelopment Auth. of Racine, 353 N.W.2d 812 (Wis. Ct. App. 1984). “1 The condemnor (Racine) appeals from that portion of the judgment which awarded, as litigation expenses, attorneys fees rendered in a separate direct condemnation action and in a proceeding for allocation of the condemnation award pursuant to sec. 32.11, Stats. The…”
Green Bay Broad. Co. v. Redevelopment Auth. of Green Bay, 342 N.W.2d 27 (Wis. 1983). “06 was sec. 32.11, Stats., enacted by ch. 571 of the Laws of 1919.”
Falkner v. N. States Power Co., 248 N.W.2d 885 (Wis. 1977). “The injunction action would lie if it appeared (1) that there was a probability of the owner’s recovering permanent possession of the land if he prevailed on his claims, and (2) that irreparable injury would result if the owner were limited to an appeal under sec. 32.11, Stats.,…”
Kultgen v. Mueller, 88 N.W.2d 687 (Wis. 1958). ““In the instant case the plaintiff landowners have failed to show that their rights could not be adequately preserved and protected by appeal under sec. 32.11, Stats., from the award of the commissioners.”
Klump v. Cybulski, 81 N.W.2d 42 (Wis. 1957). “In the instant case the plaintiff landowners have failed to show that their rights could not be adequately preserved and protected by appeal under sec. 32.11, Stats., from the award of the commissioners.”
State Dep't of Transp. v. Peterson, 581 N.W.2d 539 (Wis. Ct. App. 1998). “For example, the appeal provision, §32.11, Stats., 1957, bears little resemblance to the current circuit court appeal section, 7 and none to § 32.”
City of Madison v. Tiedeman, 83 N.W.2d 694 (Wis. 1957). “” Sec. 32.11, Stats., provides: “Appeal. Any party to a condemnation proceeding, and any persons against whose lands assessments for benefits or damages shall have been made, may appeal from the award of the commissioners to the circuit court of the county by filing a notice of…”
Pulvermacher Enter., Inc. v. State, Dep't of Transp., 479 N.W.2d 217 (Wis. Ct. App. 1991). “In order for an issue of title to be properly before the court in a condemnation case, the *240 question must come under either sec. 32.11, Stats., or sec. 32.12, Stats.”
Olen v. Waupaca Cnty., 300 N.W. 178 (Wis. 1941). “It is only after such an award has been made that an appeal is authorized to be taken in condemnation proceedings; and it is only after such *447 an appeal has been taken from the commissioners’ award to the circuit court, as authorized by sec.”
Heidersdorf v. State, 92 N.W.2d 217 (Wis. 1958). “t clause of such subsection reads as follows: “The landowner or the committee or board may, within ninety days after the award is made, file with the judge a notice of appeal to the circuit court, whereupon the judge shall certify all the papers in the proceedings to such court,…”
Neuhaus v. Clark Cnty., 111 N.W.2d 180 (Wis. 1961). “The appeal was taken pursuant to sec. 32.11, Stats. 1929, and such an appeal is in the nature of an ordinary action, subject to all the provisions of law relating to actions originally brought in the circuit court.”
Millard v. Columbia Cnty. High. Comm., 130 N.W.2d 861 (Wis. 1964). “There sec. 32.11, Stats. 1945, predecessor to sec.”
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