LRB-4835/1
PG:rs&jld:jf
2001 - 2002 LEGISLATURE
March 6, 2002 - Introduced by Senators Decker and Jauch, cosponsored by
Representatives Reynolds and Boyle. Referred to Committee on Health,
Utilities, Veterans and Military Affairs.
SB487,1,2
1An Act to create 32.065 of the statutes;
relating to: acquisition of residential
2or agricultural property by an electric utility.
Analysis by the Legislative Reference Bureau
This bill provides that, whenever an electric utility seeks to acquire an interest
(for example, an easement) in residential or agricultural property for the
construction of a large electric power generating facility or a high voltage
transmission line, the utility must acquire as much of the owner's property as the
owner wishes if all such property is commercially viable and contiguous to the
property sought by the utility. The owner must transfer the property to the utility
within 60 days. The bill requires the utility to divest itself of all acquired property
that is farmed or capable of being farmed as soon as it is able to receive in payment
for the property as much as it paid for the property, less any diminution in value due
to the presence of the power plant or transmission line.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB487, s. 1
3Section
1. 32.065 of the statutes is created to read:
SB487,1,6
432.065 Condemnation by electric utility. (1) The legislature finds that the
5acquisition of property by a utility under this section is an acquisition for a public
6purpose.
SB487,2,1
1(2) In this section:
SB487,2,32
(a) "Agricultural property" means property classified as agricultural for
3property tax purposes under s. 70.32.
SB487,2,54
(b) "High voltage transmission line" means a conductor of electric energy
5designed for operation at a nominal voltage of 100 kilovolts or more.
SB487,2,86
(c) "Large electric power generating facility" means electric generating
7equipment and associated facilities designed for nominal operation at a capacity of
850 megawatts or more.
SB487,2,109
(d) "Residential property" means property classified as residential for property
10tax purposes under s. 70.32.
SB487,2,1211
(e) "Route" means the location of a high voltage transmission line between 2
12end points with a width of up to 1.25 miles.
SB487,2,1313
(f) "Site" means the location of a large electric power generating facility.
SB487,2,1514
(g) "Utility" means a person engaged or intending to engage in this state in the
15generation, transmission, or distribution of electric energy.
SB487,2,17
16(3) Whenever a utility seeks to acquire an interest in residential property or
17agricultural property for the construction of a site or route, all of the following apply:
SB487,2,1918
(a) The utility may not serve the jurisdictional offer under s. 32.06 (3) for 60
19days after the utility provides the owner with the appraisal under s. 32.06 (2) (b).
SB487,2,2420
(b) The utility shall acquire in fee simple as much of the owner's property as
21the owner wishes if all such property is commercially viable and contiguous to the
22property in which the utility seeks an interest and the owner agrees to transfer the
23property to the utility within 60 days after receipt of the appraisal under s. 32.06 (2)
24(b).
SB487,3,4
1(4) If a utility acquires property under sub. (3) (b), it shall divest itself
2completely of all such property that is farmed or capable of being farmed as soon as
3it is able to receive in payment for the property as much as it paid for the property,
4less any diminution in value by reason of the presence of the route or site.
SB487,3,86
(1) This act first applies to acquisitions of property under section 32.06 of the
7statutes that are commenced with appraisals provided under section 32.06 (2) (b) of
8the statutes on the effective date of this subsection.
