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-AA2,3,3
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-AA2,3,65
66.0617
(6) (fm) May not include expenses for operation or maintenance of a
6public facility.”.
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-AA2,4,12
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.”.