32.075 (2) until such a certificate of public convenience and necessity has been issued. (b) This subsection does not apply to the condemnation of a limited interest in real property or appurtenant personal property, except structures with foundations, necessary to conduct tests or studies to determine the suitability of a site for the placement of a utility facility, provided that: 1. Such a limited interest does not run for more than 3 years; and 2. Activities associated with such tests or studies will be conducted at reasonable hours with minimal disturbance, and the property will be reasonably restored to its former state, upon completion of such tests or studies. (c) This subsection does not prohibit an electric utility from negotiating with the owner, or one of the owners, of a property, or the representative of an owner, before the issuance of a certificate of public convenience and necessity, if the electric utility advises the owner or representative that the electric utility does not have the authority to acquire the property by condemnation until the issuance of a certificate of public convenience and necessity. (6) (a) In this subsection, “blighted property” means any property that, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air, or sanitation, high density of population and overcrowding, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety, or welfare. Property that consists of only one dwelling unit is not blighted property unless, in addition, at least one of the following applies: 1. The property is not occupied by the owner of the property, his or her spouse, or an individual related to the owner by blood, marriage, or adoption within the 4th degree of kinship under s. 990.001 (16). 2. The crime rate in, on, or adjacent to the property is at least 3 times the crime rate in the remainder of the municipality in which the property is located. (b) Subject to par. (bm), property that is not blighted property may not be acquired by condemnation by an entity authorized to
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condemn property under s. 32.02 (1) or (11) if the condemnor intends to convey or lease the acquired property to a private entity. (bm) If the condemnor is a municipality, the municipality may not acquire blighted real property that it intends to convey or lease to a private entity if the property is outside of the boundaries of the municipality. Before commencing the condemnation of real property that is outside of the boundaries of a municipality, the municipality shall make written findings and provide a copy of the findings to the owner of the property and each town, village, or city in which the property is located. The findings shall include all of the following: 1. A description of the project. 2. A legal description of the project area. 3. The purpose of the condemnation. (c) Before commencing the condemnation of property that a condemnor authorized to condemn property under s. 32.02 (1) or (11) intends to convey or lease to a private entity, the condemnor shall make written findings and provide a copy of the findings to the owner of the property. The findings shall include all of the following: 1. The scope of the redevelopment project encompassing the owner’s property. 2. A legal description of the redevelopment area that includes the owner’s property. 3. The purpose of the condemnation. 4. A finding that the owner’s property is blighted and the reasons for that finding. History: 1973 c. 305; 1975 c. 68; 1979 c. 175 s. 53; 1983 a. 27; 1983 a. 236 s. 12; 1983 a. 338 s. 3; 1985 a. 30 s. 42; 1985 a. 187; 1993 a. 246, 490; 1997 a. 204; 2003 a. 89; 2005 a. 233; 2021 a. 198. County lands are not subject to condemnation by a town absent express statutory authority authorizing such condemnation. 62 Atty. Gen. 64. Wisconsin’s Response to Condemnation for Economic Development. Braun. Wis. Law. Sept. 2007.