LRB-5443/1
AJM:amn
2017 - 2018 LEGISLATURE
February 12, 2018 - Introduced by Senator Roth, cosponsored by Representative
Rohrkaste. Referred to Committee on Transportation and Veterans Affairs.
SB794,1,4 1An Act to amend 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b),
227.08 (2) (c), 32.015, 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (b), 62.22 (1) (b), 62.23
3(17) (am) and 85.09 (2) (a) of the statutes; relating to: condemnation power for
4bicycle lanes and pedestrian ways.
Analysis by the Legislative Reference Bureau
This bill eliminates the prohibition against certain entities, such as a county
board, a village board, or the Department of Transportation, using the power of
condemnation to acquire land or interests in land for the purpose of establishing or
extending bicycle lanes or certain pedestrian ways. Current law prohibits exercising
condemnation power to acquire land or interests in land for the purpose of
establishing or extending recreational trails, bicycle lanes, bicycle ways, or
pedestrian ways.
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:
SB794,1 5Section 1. 27.01 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 59,
6is amended to read:
SB794,2,7
127.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
2for state park purposes and may acquire such lands and waters by condemnation
3after obtaining approval of the senate and assembly committees on natural
4resources. The power of condemnation may not be used for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a), that is not a sidewalk, as defined in s. 340.01 (58).
SB794,2 8Section 2. 27.019 (10) of the statutes, as affected by 2017 Wisconsin Act 59,
9is amended to read:
SB794,2,2110 27.019 (10) Acquisition of land. Any county in which there does not exist a
11county park commission acting through its rural planning committee may acquire
12by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
13consent of the county board, a sufficient tract or tracts of land for the reservation for
14public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
15places of special historic interest, memorial grounds, parks, playgrounds, sites for
16public buildings, and reservations in and about and along and leading to any or all
17of the same, and to develop and maintain the same for public use. The power of
18condemnation may not be used for the purpose of establishing or extending a
19recreational trail; a bicycle way, as defined in s. 340.01 (5s) ; a bicycle lane, as defined
20in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02 (8) (a), that is not a
21sidewalk, as defined in s. 340.01 (58)
.
SB794,3 22Section 3. 27.05 (3) of the statutes, as affected by 2017 Wisconsin Act 59, is
23amended to read:
SB794,3,924 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
25condemnation, or otherwise, with the approval and consent of the county board, such

1tracts of land or public ways as it deems suitable for park purposes; including lands
2in any other county not more than three-fourths of a mile from the county line; but
3no land so acquired shall be disposed of by the county without the consent of said
4commission, and all moneys received for any such lands, or any materials, so
5disposed of, shall be paid into the county park fund hereinafter established. The
6power of condemnation may not be used for the purpose of establishing or extending
7a recreational trail; a bicycle way, as defined in s. 340.01 (5s) ; a bicycle lane, as
8defined in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02 (8) (a), that is
9not a sidewalk, as defined in s. 340.01 (58)
.
SB794,4 10Section 4. 27.065 (1) (a) of the statutes, as affected by 2017 Wisconsin Act 59,
11is amended to read:
SB794,4,412 27.065 (1) (a) The county board of any county which shall have adopted a
13county system of parks or a county system of streets and parkways, pursuant to s.
1427.04, may acquire the lands necessary for carrying out all or part of such plan by
15gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
16acquired by condemnation unless and until the common council of the city or the
17board of trustees of the village or the board of supervisors of the town wherein such
18land is situated shall consent thereto. The power of condemnation may not be used
19for the purpose of establishing or extending a recreational trail; a bicycle way, as
20defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
21way, as defined in s. 346.02 (8) (a), that is not a sidewalk, as defined in s. 340.01 (58).
22The cost of acquiring such lands by purchase or condemnation may be paid in whole
23or in part by the county or by the property to be benefited thereby, as the county board
24shall direct but in no case shall the amount assessed to any parcel of real estate
25exceed the benefits accruing thereto; provided, that no assessment for paying the cost

1of acquiring lands may be levied or collected against the property to be benefited until
2the governing body of the city, village or town where such lands are located has by
3resolution determined that the public welfare will be promoted thereby. Title to all
4lands acquired hereunder shall be an estate in fee simple.
SB794,5 5Section 5. 27.08 (2) (b) of the statutes, as affected by 2017 Wisconsin Act 59,
6is amended to read:
SB794,4,207 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
8pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
9or in trust, money, real or personal property, or any incorporeal right or privilege;
10except that no lands may be acquired by condemnation for the purpose of
11establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
12(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
13346.02 (8) (a), that is not a sidewalk, as defined in s. 340.01 (58). Gifts to any city of
14money or other property, real or personal, either absolutely or in trust, for park,
15parkway, boulevard or pleasure drive purposes shall be accepted only after they shall
16have been recommended by the board to the common council and approved by said
17council by resolution. Subject to the approval of the common council the board may
18execute every trust imposed upon the use of property or property rights by the deed,
19testament or other conveyance transferring the title of such property to the city for
20park, parkway, boulevard or pleasure drive purposes.
SB794,6 21Section 6. 27.08 (2) (c) of the statutes, as affected by 2017 Wisconsin Act 59,
22is amended to read:
SB794,5,823 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), that is not a sidewalk, as defined in s. 340.01 (58).
SB794,7 9Section 7. 32.015 of the statutes, as created by 2017 Wisconsin Act 59, is
10amended to read:
SB794,5,14 1132.015 Limitations. Property may not be acquired by condemnation to
12establish or extend a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a
13bicycle lane, as defined in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02
14(8) (a), that is not a sidewalk, as defined in s. 340.01 (58).
SB794,8 15Section 8. 59.52 (6) (a) of the statutes, as affected by 2017 Wisconsin Act 59,
16is amended to read:
SB794,6,517 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
1875 and acquire, lease or rent property, real and personal, for public uses or purposes
19of any nature, including without limitation acquisitions for county buildings,
20airports, parks, recreation, highways, dam sites in parks, parkways and
21playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
22for operation under s. 59.70 (24), equipment for clearing and draining land and
23controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
24transfer of real property to the state for new collegiate institutions or research
25facilities, and for transfer to the state for state parks and for the uses and purposes

1specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire
2property for the purpose of establishing or extending a recreational trail; a bicycle
3way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
4pedestrian way, as defined in s. 346.02 (8) (a), that is not a sidewalk, as defined in
5s. 340.01 (58)
.
SB794,9 6Section 9. 60.782 (2) (d) of the statutes, as affected by 2017 Wisconsin Act 59,
7is amended to read:
SB794,6,138 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
9situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
10or 30.275 (4). The power of condemnation may not used to acquire property for the
11purpose of establishing or extending a recreational trail; a bicycle way, as defined in
12s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
13defined in s. 346.02 (8) (a), that is not a sidewalk, as defined in s. 340.01 (58).
SB794,10 14Section 10. 61.34 (3) (b) of the statutes, as created by 2017 Wisconsin Act 59,
15is amended to read:
SB794,6,2016 61.34 (3) (b) The village board may not use the power of condemnation to
17acquire property for the purpose of establishing or extending a recreational trail; a
18bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e);
19or a pedestrian way, as defined in s. 346.02 (8) (a), that is not a sidewalk, as defined
20in s. 340.01 (58)
.
SB794,11 21Section 11. 62.22 (1) (b) of the statutes, as created by 2017 Wisconsin Act 59,
22is amended to read:
SB794,7,223 62.22 (1) (b) The governing body of any city may not use the power of
24condemnation to acquire property for the purpose of establishing or extending a
25recreational trail; a bicycle way, as defined in s. 340.01 (5s) ; a bicycle lane, as defined

1in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02 (8) (a), that is not a
2sidewalk, as defined in s. 340.01 (58)
.
SB794,12 3Section 12. 62.23 (17) (am) of the statutes, as created by 2017 Wisconsin Act
459
, is amended to read:
SB794,7,95 62.23 (17) (am) Cities may not use the power of condemnation to acquire
6property for the purpose of establishing or extending a recreational trail; a bicycle
7way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
8pedestrian way, as defined in s. 346.02 (8) (a), that is not a sidewalk, as defined in
9s. 340.01 (58)
.
SB794,13 10Section 13. 85.09 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 59,
11is amended to read:
SB794,8,1712 85.09 (2) (a) The department of transportation shall have the first right to
13acquire, for present or future transportational or recreational purposes, any
14property used in operating a railroad or railway, including land and rails, ties,
15switches, trestles, bridges, and the like located on that property, that has been
16abandoned. The department of transportation may, in connection with abandoned
17rail property, assign this right to a state agency, the board of regents of the University
18of Wisconsin System, any county or municipality, or any transit commission.
19Acquisition by the department of transportation may be by gift, purchase, or
20condemnation in accordance with the procedure under s. 32.05, except that the power
21of condemnation may not be used to acquire property for the purpose of establishing
22or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
23lane, as defined in s. 340.01 (5e)
; or a pedestrian way, as defined in s. 346.02 (8) (a),
24that is not a sidewalk, as defined in s. 340.01 (58)
. In addition to its property
25management authority under s. 85.15, the department of transportation may,

1subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect
2rents and fees for any use of rail property pending discharge of the department's duty
3to convey property that is not necessary for a public purpose. No person owning
4abandoned rail property, including any person to whom ownership reverts upon
5abandonment, may convey or dispose of any abandoned rail property without first
6obtaining a written release from the department of transportation indicating that
7the first right of acquisition under this subsection will not be exercised or assigned.
8No railroad or railway may convey any rail property prior to abandonment if the rail
9property is part of a rail line shown on the railroad's system map as in the process
10of abandonment, expected to be abandoned, or under study for possible
11abandonment unless the conveyance or disposal is for the purpose of providing
12continued rail service under another company or agency. Any conveyance made
13without obtaining such release is void. The first right of acquisition of the
14department of transportation under this subsection does not apply to any rail
15property declared by the department to be abandoned before January 1, 1977. The
16department of transportation may acquire any abandoned rail property under this
17section regardless of the date of its abandonment.
SB794,14 18Section 14. Initial applicability.
SB794,8,2119 (1) This act first applies to condemnation proceedings in which title to the
20subject property has not vested in the condemnor on the effective date of this
21subsection.
SB794,8,2222 (End)
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