Wisconsin Statutes
Wis. Stat. § 32.18 (2026)
Damage caused by change of grade of street or highway where no land is taken; claim; right of action
✓ current as of July 2026
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32.1832.18 Damage caused by change of grade of street or highway where no land is taken; claim; right of action. Where a street or highway improvement project undertaken by the department of transportation, a county, city, town or village, causes a change of the grade of such street or highway in cases where such grade was not previously fixed by city, village or town ordinance, but does not require a taking of any abutting lands, the owner of such lands at the date of such change of grade may file with the department of transportation in the case of state trunk highways, a county in the case of county highways or the city, town or village, causing such change of grade to be effected, whichever has jurisdiction over the street or highway, a claim for any damages to said lands occasioned by such change of grade. Special benefits may be offset against any claims for damages under this section. Such claim shall be filed within 90 days following the completion of said project; if allowed, it shall be paid in the case of the department of transportation, out of the state highway funds, otherwise, out of the funds of the respective county, city, village or town against which the claim is made as the case may be. If it is not allowed within 90 days after such date of filing it shall be deemed denied. Thereupon such owner may within 90 days following such denial commence an action against the department of transportation, the city, county, village or town as the case may be, to recover any damages to the lands shown to have resulted from such change of grade. Any judgment recovered against the department of transportation shall be paid out of the state highway funds, otherwise out of the funds of city, county, village or town against which the judgment is recovered. Where a grade has been established by ordinance, the property owner’s remedy shall be as provided by municipal law. This section shall in no way contravene, limit or restrict s. 88.87.
32.18 AnnotationA municipality may not initiate the running of the second 90-day period by affirmatively denying a claim within the first 90-day period. A claimant has 180 days from the filing of the original claim to commence legal action. Johnson v. City of Onalaska, 153 Wis. 2d 611, 451 N.W.2d 466 (Ct. App. 1989).
32.18 AnnotationThe state was not a proper party for claims against the Department of Transportation (DOT) as the two were distinct legal entities. Service on the state of a summons and complaint that named the state and not DOT as a party did not constitute service on DOT necessary to establish personal jurisdiction over DOT. Hoops Enterprises, III, LLC v. Super Western, Inc., 2013 WI App 7, 345 Wis. 2d 733, 827 N.W.2d 120, 12-0062.
32.18 AnnotationThe diminution in property value occasioned by a change in an abutting highway’s grade is not an injury compensable under this section because such damages are not “damages to the lands.” United America, LLC v. DOT, 2021 WI 44, 397 Wis. 2d 42, 959 N.W.2d 317, 18-2383.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1964–2023 · leading case: United Am., LLC v. Wisconsin Dep't of Transp., 2021 WI 44 (Wis. 2021).
United Am., LLC v. Wisconsin Dep't of Transp., 2021 WI 44 (Wis. 2021). “It reversed the circuit court's judgment because it determined that United America's diminished property value is not a structural or physical injury to its lands.”
United Am., LLC v. Wisconsin Dep't of Transp., 2020 WI App 24 (Wis. Ct. App. 2020). “§ 32.18 (2017-18).1 The Wisconsin Department of Transportation (DOT) appeals a money judgment entered in favor of United America, LLC, which was premised on United America’s argument that “any damages to said lands” encompasses nonstructural damages.”
Kohlbeck v. Reliance Const. Co., Inc., 2002 WI App 142 (Wis. Ct. App. 2002). “32, *254 such as Wis. Stat. § 32.18 , that could provide the Kohl-becks with a remedy.”
118th Street Kenosha, LLC v. Wisconsin Dep't of Transp., 2014 WI 125 (Wis. 2014). “16 We noted that Jantz perhaps may have been entitled to recover damages under Wis. Stat. § 32.18 for harm to her property caused by Maple Road's change in grade.”
Clean Wisconsin, Inc. v. DNR, 2021 WI 71 (Wis. 2021). “After all, canny politicians will have every reason to try to achieve their lawmaking dreams through ever more enterprising 2Although Justice Dallet cites United America for this proposition, that case actually says the "plain-meaning interpretation of Wis.”
Johnson v. City of Onalaska, 451 N.W.2d 466 (Wis. Ct. App. 1989). “The city's motion argued that the Johnsons' action was barred *614 because it was not commenced within the time limit prescribed by sec. 32.18, Stats., which provides, in pertinent part: Where a street.”
Klingseisen v. State High. Comm'n, 126 N.W.2d 40 (Wis. 1964). “The Highway Commission contends that the damages recoverable in an action for injuries caused by change of *367 grade under sec. 32.18, Stats., are limited to the damages specified in the statute, and do not include interest.”
Hoops Enter., III, LLC v. Super W., Inc., 2013 WI App 7 (Wis. Ct. App. 2012). “§ 32.18 authorizes actions against the DOT related to damage caused by street or highway grade changes.”
More-Way North Corp. v. State High. Comm'n, 170 N.W.2d 749 (Wis. 1969). “15 But see sec. 32.18, Stats., which provides for a procedure for recovery of damages for a change of grade which is not accompanied by a taking of land.”
Jantz v. State, 217 N.W.2d 266 (Wis. 1974). “If the three state acts, particularly the taking of land for the widening of Highway 41-45 and the change of grade of Maple Eoad, are considered to be separate and distinct acts, sec. 32.18, Stats., entitled, “Damage caused by change of grade of street or highway where no land…”
United Am., LLC v. Wisconsin Dep't of Transp. (Wis. Ct. App. 2023). “§ 32.18 for the diminished property value caused by the bridge project.”
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