2019 - 2020 LEGISLATURE
March 1, 2019 - Introduced by Senators Risser, L. Taylor, Erpenbach, Ringhand
and Larson, cosponsored by Representatives C. Taylor and Sinicki. Referred
to Committee on Transportation, Veterans and Military Affairs.
SB65,1,6 1An Act to repeal 32.015, 61.34 (3) (b), 62.22 (1) (b) and 62.23 (17) (am); to
2renumber and amend
61.34 (3) (a) and 62.22 (1) (a); and to amend 23.09 (2)
3(d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b), 27.08
4(2) (c), 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 62.23 (17) (a) (intro.), 85.09
5(2) (a) and 990.01 (2) of the statutes; relating to: condemnation authority for
6recreational trails.
Analysis by the Legislative Reference Bureau
This bill allows certain entities, such as a county board, village board, or the
Department of Transportation, to use the power of condemnation to acquire land or
interests in land for the purpose of establishing or extending recreational trails,
bicycle ways or lanes, or pedestrian ways. Current law prohibits the exercise of
condemnation power to acquire land or interests in land for those purposes.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB65,1 7Section 1. 23.09 (2) (d) (intro.) of the statutes is amended to read:
SB65,2,7
123.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or
2agreement, and receive by gifts or devise, lands or waters suitable for the purposes
3enumerated in this paragraph, and maintain such lands and waters for such
4purposes; and, except for the purpose specified under subd. 12., may condemn lands
5or waters suitable for such purposes after obtaining approval of the appropriate
6standing committees of each house of the legislature as determined by the presiding
7officer thereof:
SB65,2 8Section 2. 27.01 (2) (a) of the statutes is amended to read:
SB65,2,159 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
10for state park purposes and may acquire such lands and waters by condemnation
11after obtaining approval of the senate and assembly committees on natural
12resources. The power of condemnation may not be used for the purpose of
13establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
14(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
15346.02 (8) (a).
SB65,3 16Section 3. 27.019 (10) of the statutes is amended to read:
SB65,3,217 27.019 (10) Acquisition of land. Any county in which there does not exist a
18county park commission acting through its rural planning committee may acquire
19by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
20consent of the county board, a sufficient tract or tracts of land for the reservation for
21public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
22places of special historic interest, memorial grounds, parks, playgrounds, sites for
23public buildings, and reservations in and about and along and leading to any or all
24of the same, and to develop and maintain the same for public use. The power of
25condemnation may not be used for the purpose of establishing or extending a

1recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
2in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB65,4 3Section 4. 27.05 (3) of the statutes is amended to read:
SB65,3,134 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
5condemnation, or otherwise, with the approval and consent of the county board, such
6tracts of land or public ways as it deems suitable for park purposes; including lands
7in any other county not more than three-fourths of a mile from the county line; but
8no land so acquired shall be disposed of by the county without the consent of said
9commission, and all moneys received for any such lands, or any materials, so
10disposed of, shall be paid into the county park fund hereinafter established. The
11power of condemnation may not be used for the purpose of establishing or extending
12a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
13defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB65,5 14Section 5. 27.065 (1) (a) of the statutes is amended to read:
SB65,4,715 27.065 (1) (a) The county board of any county which shall have adopted a
16county system of parks or a county system of streets and parkways, pursuant to s.
1727.04, may acquire the lands necessary for carrying out all or part of such plan by
18gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
19acquired by condemnation unless and until the common council of the city or the
20board of trustees of the village or the board of supervisors of the town wherein such
21land is situated shall consent thereto. The power of condemnation may not be used
22for the purpose of establishing or extending a recreational trail; a bicycle way, as
23defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
24way, as defined in s. 346.02 (8) (a).
The cost of acquiring such lands by purchase or
25condemnation may be paid in whole or in part by the county or by the property to be

1benefited thereby, as the county board shall direct but in no case shall the amount
2assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
3that no assessment for paying the cost of acquiring lands may be levied or collected
4against the property to be benefited until the governing body of the city, village or
5town where such lands are located has by resolution determined that the public
6welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
7estate in fee simple.
SB65,6 8Section 6. 27.08 (2) (b) of the statutes is amended to read:
SB65,4,219 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
10pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
11or in trust, money, real or personal property, or any incorporeal right or privilege;
12except that no lands may be acquired by condemnation for the purpose of
13establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
14(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
15346.02 (8) (a)
. Gifts to any city of money or other property, real or personal, either
16absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
17be accepted only after they shall have been recommended by the board to the common
18council and approved by said council by resolution. Subject to the approval of the
19common council the board may execute every trust imposed upon the use of property
20or property rights by the deed, testament or other conveyance transferring the title
21of such property to the city for park, parkway, boulevard or pleasure drive purposes.
SB65,7 22Section 7. 27.08 (2) (c) of the statutes is amended to read:
SB65,5,823 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands
24in the name of the city for park, parkway, boulevard or pleasure drive purposes
25within or without the city and, with the approval of the common council, to sell or

1exchange property no longer required for its purposes. Every city is authorized, upon
2recommendation of its officers, board or body having the control and management
3of its public parks, to acquire by condemnation in the name of the city such lands
4within or without its corporate boundaries as it may need for public parks, parkways,
5boulevards and pleasure drives. The power of condemnation may not be used for the
6purpose of establishing or extending a recreational trail; a bicycle way, as defined in
7s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
8defined in s. 346.02 (8) (a).
SB65,8 9Section 8. 32.015 of the statutes is repealed.
SB65,9 10Section 9. 32.51 (1) (intro.) of the statutes is amended to read:
SB65,5,1311 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I
12and subject to the limitations under s. 32.015, any city may condemn or otherwise
13acquire property under this subchapter for:
SB65,10 14Section 10. 59.52 (6) (a) of the statutes is amended to read:
SB65,6,215 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
1675 and acquire, lease or rent property, real and personal, for public uses or purposes
17of any nature, including without limitation acquisitions for county buildings,
18airports, parks, recreation, highways, dam sites in parks, parkways and
19playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
20for operation under s. 59.70 (24), equipment for clearing and draining land and
21controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
22transfer of real property to the state for new collegiate institutions or research
23facilities, and for transfer to the state for state parks and for the uses and purposes
24specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire
25property for the purpose of establishing or extending a recreational trail; a bicycle

1way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
2pedestrian way, as defined in s. 346.02 (8) (a).
SB65,11 3Section 11. 60.782 (2) (d) of the statutes is amended to read:
SB65,6,94 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
5situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
6or 30.275 (4). The power of condemnation may not used to acquire property for the
7purpose of establishing or extending a recreational trail; a bicycle way, as defined in
8s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
9defined in s. 346.02 (8) (a).
SB65,12 10Section 12. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
11to read:
SB65,6,2112 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b),
13the
The village board may acquire property, real or personal, within or outside the
14village, for parks, libraries, recreation, beautification, streets, water systems,
15sewage or waste disposal, harbors, improvement of watercourses, public grounds,
16vehicle parking areas, and for any other public purpose; may acquire real property
17within or contiguous to the village, by means other than condemnation, for industrial
18sites; may improve and beautify the same; may construct, own, lease and maintain
19buildings on such property for instruction, recreation, amusement and other public
20purposes; and may sell and convey such property. Condemnation shall be as
21provided by ch. 32.
SB65,13 22Section 13. 61.34 (3) (b) of the statutes is repealed.
SB65,14 23Section 14. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
24to read:
SB65,7,9
162.22 (1) Purposes. Except as provided in par. (b), the The governing body of
2any city may by gift, purchase or condemnation acquire property, real or personal,
3within or outside the city, for parks, recreation, water systems, sewage or waste
4disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
5any other public purpose; may acquire real property within or contiguous to the city,
6by means other than condemnation, for industrial sites; may improve and beautify
7the same; may construct, own, lease and maintain buildings on such property for
8public purposes; and may sell and convey such property. The power of condemnation
9for any such purpose shall be as provided by ch. 32.
SB65,15 10Section 15. 62.22 (1) (b) of the statutes is repealed.
SB65,16 11Section 16. 62.23 (17) (a) (intro.) of the statutes is amended to read:
SB65,7,1812 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire
13by gift, lease, purchase, or condemnation any lands within its corporate limits for
14establishing, laying out, widening, enlarging, extending, and maintaining memorial
15grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
16buildings, and reservations in and about and along and leading to any or all of the
17same or any lands adjoining or near to such city for use, sublease, or sale for any of
18the following purposes:
SB65,17 19Section 17. 62.23 (17) (am) of the statutes is repealed.
SB65,18 20Section 18. 85.09 (2) (a) of the statutes is amended to read:
SB65,8,2521 85.09 (2) (a) The department of transportation shall have the first right to
22acquire, for present or future transportational or recreational purposes, any
23property used in operating a railroad or railway, including land and rails, ties,
24switches, trestles, bridges, and the like located on that property, that has been
25abandoned. The department of transportation may, in connection with abandoned

1rail property, assign this right to a state agency, the board of regents of the University
2of Wisconsin System, any county or municipality, or any transit commission.
3Acquisition by the department of transportation may be by gift, purchase, or
4condemnation in accordance with the procedure under s. 32.05, except that the power
5of condemnation may not be used to acquire property for the purpose of establishing
6or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
7lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a)
.
8In addition to its property management authority under s. 85.15, the department of
9transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
10lease and collect rents and fees for any use of rail property pending discharge of the
11department's duty to convey property that is not necessary for a public purpose. No
12person owning abandoned rail property, including any person to whom ownership
13reverts upon abandonment, may convey or dispose of any abandoned rail property
14without first obtaining a written release from the department of transportation
15indicating that the first right of acquisition under this subsection will not be
16exercised or assigned. No railroad or railway may convey any rail property prior to
17abandonment if the rail property is part of a rail line shown on the railroad's system
18map as in the process of abandonment, expected to be abandoned, or under study for
19possible abandonment unless the conveyance or disposal is for the purpose of
20providing continued rail service under another company or agency. Any conveyance
21made without obtaining such release is void. The first right of acquisition of the
22department of transportation under this subsection does not apply to any rail
23property declared by the department to be abandoned before January 1, 1977. The
24department of transportation may acquire any abandoned rail property under this
25section regardless of the date of its abandonment.
SB65,19
1Section 19. 990.01 (2) of the statutes is amended to read:
SB65,9,52 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power
3to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
4the power to condemn only in the cases specified in s. 32.02 and subject to the
5limitations under s. 32.015
.
SB65,20 6Section 20 . Initial applicability.
SB65,9,97 (1) This act first applies to condemnation proceedings in which title to the
8subject property has not vested in the condemnor on the effective date of this
9subsection.
SB65,9,1010 (End)
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