LRBa1856/1
AJM/EVM/KRP:ahe
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 770
February 12, 2018 - Offered by Representative R. Brooks.
AB770-ASA1-AA2,1,11 At the locations indicated, amend the substitute amendment as follows:
AB770-ASA1-AA2,1,3 21. Page 2, line 2: delete “workforce housing development tax incremental
3districts;".
AB770-ASA1-AA2,1,4 42. Page 2, line 20: delete “owner" and substitute “condemnor or condemnee".
AB770-ASA1-AA2,1,6 53. Page 6, line 5: delete “ award of damages" and substitute “amount of the
6judgment
".
AB770-ASA1-AA2,1,8 74. Page 6, line 6: delete the material beginning with “sum" and ending with
832.195" on line 7 and substitute “ amount of damages allowed by the condemnor”.
AB770-ASA1-AA2,1,9 95. Page 6, line 7: after that line insert:
AB770-ASA1-AA2,1,11 10 Section 7m. 32.20 of the statutes, as affected by 2017 Wisconsin Act .... (this
11act), is amended to read:
AB770-ASA1-AA2,2,20
132.20 Procedure for collection of itemized items of compensation.
2Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the
3condemnor carrying on the project through which condemnee's or claimant's claims
4arise. All such claims must be filed after the damages upon which they are based
5have fully materialized but not later than 2 years after the condemnor takes physical
6possession of the entire property acquired or such other event as determined by the
7department of administration by rule. If such claim is not allowed within 90 days
8after the filing thereof, the claimant has a right of action against the condemnor
9carrying on the project through which the claim arises. Such action shall be
10commenced in a court of record in the county wherein the damages occurred. In
11causes of action, involving any state commission, board or other agency, excluding
12counties, the sum recovered by the claimant shall be paid out of any funds
13appropriated to such condemning agency. Any judgment shall be appealable by
14either party and any amount recovered by the body against which the claim was filed,
15arising from costs, counterclaims, punitive damages or otherwise may be used as an
16offset to any amount owed by it to the claimant, or may be collected in the same
17manner and form as any other judgment. The court shall award litigation expenses,
18as defined in s. 32.28 (1), to a claimant if the amount of the judgement for the
19claimant exceeds the amount of damages allowed by the condemnor by 15 percent
20in an action under this section.
”.
AB770-ASA1-AA2,2,21 216. Page 6, line 18: after that line insert:
AB770-ASA1-AA2,2,22 22 Section 10s. 66.0617 (6) (am) of the statutes is created to read:
AB770-ASA1-AA2,3,3
166.0617 (6) (am) May not include amounts for an increase in service capacity
2greater than the capacity necessary to serve the development for which the fee is
3imposed.
AB770-ASA1-AA2,10u 4Section 10u. 66.0617 (6) (fm) of the statutes is created to read:
AB770-ASA1-AA2,3,65 66.0617 (6) (fm) May not include expenses for operation or maintenance of a
6public facility.”.
AB770-ASA1-AA2,3,7 77. Page 7, line 7: delete lines 7 to 15.
AB770-ASA1-AA2,3,8 88. Page 11, line 10: delete “ Development" and substitute “New housing".
AB770-ASA1-AA2,3,9 99. Page 11, line 13: before “development" insert “residential".
AB770-ASA1-AA2,3,10 1010. Page 12, line 5: delete “Development" and substitute “New Housing".
AB770-ASA1-AA2,3,12 1111. Page 15, line 10: delete the material beginning with that line and ending
12with page 19, line 11.
AB770-ASA1-AA2,3,13 1312. Page 19, line 22: delete “or Sunday".
AB770-ASA1-AA2,3,14 1413. Page 19, line 23: delete “or Sunday".
AB770-ASA1-AA2,3,16 1514. Page 26, line 4: delete “the land" and substitute “land consistent with the
16municipality's, town's, or county's park plan and comprehensive plan".
AB770-ASA1-AA2,3,17 1715. Page 26, line 8: delete “the land" and substitute “land".
AB770-ASA1-AA2,3,19 1816. Page 26, line 11: delete lines 11 and 12 and substitute “park plan and
19comprehensive plan.”.
AB770-ASA1-AA2,3,20 2017. Page 26, line 20: delete lines 20 to 25 and substitute:
AB770-ASA1-AA2,4,6 21(1) Notwithstanding the period for filing a claim under section 32.20 of the
22statutes, a claimant who previously submitted a claim under section 32.20 of the
23statutes no earlier than the date that precedes the effective date of this subsection

1by 2 years, including a claimant whose claim has been paid or whose claim is still
2pending or may be appealed, as of the effective date of this subsection may, no later
3than 45 days after the effective date of this subsection, submit a revised claim under
4section 32.20 of the statutes to the condemnor that includes expenses permitted
5under section 32.19 (4m) (a) or (b) of the statutes, as affected by this act, whichever
6is applicable.”.
AB770-ASA1-AA2,4,7 718. Page 27, line 14: after “32.20" insert “(by Section 7)".
AB770-ASA1-AA2,4,8 819. Page 27, line 17: after that line insert:
AB770-ASA1-AA2,4,12 9(4m) Litigation expenses. The treatment of section 32.20 (by Section 7m) of
10the statutes first applies to a claim for expenses filed under section 32.20 of the
11statutes for the determination of additional items payable on the effective date of this
12subsection.”.
AB770-ASA1-AA2,4,13 1320. Page 28, line 1: delete lines 1 to 5.
AB770-ASA1-AA2,4,15 1421. Page 28, line 8: delete “section" and substitute “sections 32.20 (by Section
157m) and".
AB770-ASA1-AA2,4,17 1622. Page 28, line 8: delete “takes" and substitute “and Section 63 (4m) of this
17act take".
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