Chapter 32, EMINENT DOMAIN

32.01 Definitions. In this subchapter unless the context clearly requires otherwise: (1g) “Business entity” has the meaning given in s. 13.62 (5). (1r) “Person” includes the state, a county, town, village, city, school district or other municipal corporation, a board, commission,…

32.015 Limitations. Property may not be acquired by condemnation to establish or extend a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

32.02 Who may condemn; purposes. The following departments, municipalities, boards, commissions, public officers, and business entities may acquire by condemnation any real estate and personal property appurtenant thereto or interest therein which they have power to acquire and h…

32.03 When condemnation not to be exercised. (1) The general power of condemnation conferred in this subchapter does not extend to property owned by the state, a municipality, public board or commission, nor to the condemnation by a railroad, public utility or electric cooperativ…

32.035 Agricultural impact statement. (1) DEFINITIONS. In this section: (a) “Department” means department of agriculture, trade and consumer protection. (b) “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural commoditie…

32.04 Procedure in condemnation. All acquisition of property in this state by condemnation, except as hereinafter provided, commenced after April 6, 1960 shall be accomplished in the following manner:

32.05 Condemnation for sewers and transportation facilities. In this section, “mass transit facility” includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rightsof-way or existing expressways con…

32.06 Condemnation procedure in other than transportation matters. The procedure in condemnation in all matters except acquisitions under s. 32.05 or 32.22, acquisitions under subch. II, acquisitions under subch. II of ch. 157, and acquisitions under ch. 197, shall be as follows:…

32.07 Necessity, determination of. The necessity of the taking shall be determined as follows: (1) A certificate of public convenience and necessity issued under s. 196.491 (3) shall constitute the determination of the necessity of the taking for any lands or interests described …

32.075 Use after condemnation. (1) In this section, “public utility” has the meaning given under s. 196.01 (5) and includes a telecommunications carrier, as defined in s. 196.01 (8m). (2) Whenever the public service commission has made a finding, either with or without hearing, t…

32.08 Commissioner of condemnation. (1) The office of commissioner of condemnation is created. In counties having a population of less than 100,000 there shall be 6 commissioners; in counties having a population of 100,000 or more and less than 750,000 there shall be 9 commission…

32.09 Rules governing determination of just compensation. In all matters involving the determination of just compensation in eminent domain proceedings, the following rules shall be followed: (1) The compensation so determined and the status of the property under condemnation for…

32.10 Condemnation proceedings instituted by property owner. If any property has been occupied by a person possessing the power of condemnation and if the person has not exercised the power, the owner, to institute condemnation proceedings, shall present a verified petition to th…

32.11 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 mon…

32.12 Proceedings to perfect title. (1) If any person having the power to acquire property by condemnation enters into the possession of any property and is using the property for a purpose for which condemnation proceedings might be instituted but has not acquired title to the p…

32.13 Proceedings when land mortgaged. Whenever any person has acquired title to any property for which it could institute condemnation proceedings and said property is subject to any mortgage or other lien and proceedings have been afterwards commenced by the holders of any such…

32.14 Amendments. The court or judge may at any time permit amendments to be made to a petition filed pursuant to s. 32.06, amend any defect or informality in any of the proceedings authorized by this subchapter and may cause any parties to be added and direct such notice to be g…

32.15 How title in trustee acquired. In case any title or interest in real estate lawfully required by any person having the power of condemnation is vested in any trustee not authorized to sell, release and convey the same or in any minor or person adjudged mentally incompetent,…

32.16 Abandonment of easements for public use. An easement for public use acquired by gift or purchase or by condemnation under this subchapter shall not be deemed abandoned on the grounds of nonuser thereof for any period less than that prescribed in the applicable statutes of l…

32.17 General provisions. (1) Where power of condemnation is given to a state officer the title acquired shall be in the name of the state. Payments of the costs and expenses of such condemnation shall be paid from the appropriation covering the purposes for which the property is…

32.18 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 o…

32.185 Condemnor. “Condemnor”, for the purposes of ss. 32.19 to 32.27, means any municipality, board, commission, public officer, or business entity vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized b…

32.19 Additional items payable. (1) DECLARATION OF PURPOSE. The legislature declares that it is in the public interest that persons displaced by any public project be fairly compensated by payment for the property acquired and other losses hereinafter described and suffered as th…

32.195 Expenses incidental to transfer of property. In addition to amounts otherwise authorized by this subchapter, the condemnor shall reimburse the owner of real property acquired for a project for all reasonable and necessary expenses incurred for: (1) Recording fees, transfer…

32.196 Relocation payments not taxable. Except for reasonable net rental losses under s. 32.195 (6), no payments received under s. 32.19 or 32.195 may be considered income for the purposes of ch. 71; nor may such payments be considered income or resources to any recipient of publ…

32.197 Waiver of relocation assistance. An owner-occupant of property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the conde…

32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee’s or claimant’s claims arise. All such claims must be filed after the damages up…

32.21 Emergency condemnation. Whenever any lands or interest therein are urgently needed by any state board, or commission, or other agency of the state, and a contract for the purchase or use of the property cannot be made for a reasonable price, or for any other reason, includi…

32.22 Special procedure for immediate condemnation. (1) DEFINITIONS. In this section, unless the context requires otherwise: (a) “Blighted property” means any property which, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ven…

32.25 Relocation payment plan and assistance services. (1) Except as provided under sub. (3) and s. 85.09 (4m), no condemnor may proceed with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed in writing a…

32.26 Authority of the department of administration. (1) In addition to all other powers granted in this subchapter, the department of administration shall formulate local standards for decent, safe and sanitary dwelling accommodations. (2) (a) The department of administration sh…

32.27 Records to be kept by condemnor. (1) CONTENTS OF RECORDS. The condemnor shall maintain records for each project requiring a relocation payment plan. The records shall contain such information as are necessary to carry out ss. 32.19 and 32.25 to 32.27. The records shall be p…

32.28 Costs. (1) In this section: (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. (b) “Litigation expenses” means the…

32.29 False statements prohibited. Any officer, agent, or employee of a governmental body or business entity granted condemnation power under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of pro…

32.50 Definitions. In this subchapter: (1) “Benefit district” means the area benefiting from and assessed for an improvement under this subchapter. (2) “Board” means the board of assessment. (3) “City” means any 1st class city. (4) “Common council” means the common council of the…

32.51 Exercise of eminent domain. (1) PURPOSES. In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, any city may condemn or otherwise acquire property under this subchapter for: (a) Any purpose stated in article XI, section 3a, of the …

32.52 Board of assessment. (1) CREATION. There is created a board, to which the mayor shall appoint 5 members with the appointments confirmed by the common council. If the common council rejects any appointment, the mayor shall submit a new appointment within 30 days. (2) TERMS. …

32.53 Resolution of necessity. If the common council proposes any public improvement involving the acquisition of private property or the use of public property, it shall pass a resolution by a three-fourths vote of the entire membership of the common council declaring the need t…

32.54 Report and tentative plan of improvement. (1) CONTENTS. The board shall submit to the common council a report and tentative plan of improvement following passage of a resolution under s. 32.53. The report and tentative plan shall include the following: (a) An estimate of th…

32.55 Hearing on the report and tentative plan of improvement. (1) NOTICE. Upon receiving the report and tentative plan of improvement the common council shall refer the report to a council committee for a public hearing to discuss the tentative plan, the relative costs and benef…

32.56 Altering the plan of improvement. (1) PROCEDURE. The city may alter the plan of improvement after its approval under s. 32.55 (2) at any time prior to the confirmation of the assessment of benefits and damages. The board shall submit to the common council the proposed alter…

32.57 Determining benefits and damages. 32.57(1)(1) Resolution. After approving the plan under s. 32.55 (2), the common council may adopt a resolution directing the board to determine the damages to be paid for property condemned and the benefits to be assessed against property b…

32.58 Benefit assessment payments. (1) MAILING BILLS TO OWNERS. After the common council confirms the final assessment of benefits and damages the city treasurer shall mail a bill for the full amount of the benefit assessment to the lastknown mailing address of any owner of each …

32.61 Appeal to circuit court. (1) LIMITATION ON REMEDIES. An appeal to the circuit court is the only remedy for damages incurred under this subchapter and is the exclusive method of reviewing any assessment of benefits. (2) STATUTE OF LIMITATIONS; BOND. Any person with any inter…

32.62 Transfer of title. (1) FEE SIMPLE TITLE TO CITY. If the city acquires any property by gift, purchase or condemnation under this subchapter, the city holds fee simple title to the property except that the city may acquire only an easement for streets, alleys, bridges, viaduc…

32.63 Completing certain improvements. (1) APPLICATION. This section applies to any plan of improvement that includes the acquisition of property either for the purpose of laying out or improving an alley or street, as defined in s. 340.01 (2) and (64), or for the purpose of esta…

32.66 Bonding. The common council may, by resolution, authorize the issuance of general special improvement bonds or particular special improvement bonds to finance an improvement. The common council may register the bonds as to principal under s. 67.09 and may call the bonds on …

32.67 Special improvement bonds. 32.67(1)(1) General special improvement bonds. General special improvement bonds are payable as to principal and interest on April 1, as provided in sub. (3) from the collection of assessments of benefits for any improvement. The city comptroller …

32.68 Tax delinquent fund. The city may create a tax delinquent fund to cover delinquent payment of assessments. The common council may authorize payment of deficiencies in the collection of assessments to pay the amount due on bonds issued under s. 32.67. History: 1983 a. 236.

32.69 Alternative financing by general obligation bonds, taxation or anticipation notes. (1) FUNDING. The city may finance any improvement under this subchapter by issuing general obligation bonds, levying a tax or by borrowing on anticipation notes. The city may collect assessme…