SENATE AMENDMENT 1,
TO SENATE BILL 392
October 31, 2017 - Offered by Senators Hansen, L. Taylor, Vinehout, Johnson,
Carpenter, Erpenbach, Risser, Ringhand, Miller, Shilling, Bewley, Wirch
and Larson.
SB392-SA1,1,11 At the locations indicated, amend the bill as follows:
SB392-SA1,1,3 21. Page 1, line 4: after “municipality" insert “and condemnation authority for
3recreational trails".
SB392-SA1,1,4 42. Page 2, line 1: before that line insert:
SB392-SA1,1,6 5 Section 1k. 23.09 (2) (d) (intro.) of the statutes, as affected by 2017 Wisconsin
6Act 59
, is amended to read:
SB392-SA1,1,137 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or
8agreement, and receive by gifts or devise, lands or waters suitable for the purposes
9enumerated in this paragraph, and maintain such lands and waters for such
10purposes; and, except for the purpose specified under subd. 12., may condemn lands
11or waters suitable for such purposes after obtaining approval of the appropriate
12standing committees of each house of the legislature as determined by the presiding
13officer thereof:”.
SB392-SA1,2,1
13. Page 2, line 17: after that line insert:
SB392-SA1,2,3 2 Section 4m. 27.01 (2) (a) of the statutes, as affected by 2017 Wisconsin Act
359
, is amended to read:
SB392-SA1,2,104 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
5for state park purposes and may acquire such lands and waters by condemnation
6after obtaining approval of the senate and assembly committees on natural
7resources. The power of condemnation may not be used for the purpose of
8establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
9(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
10346.02 (8) (a).
SB392-SA1,5m 11Section 5m. 27.019 (10) of the statutes, as affected by 2017 Wisconsin Act 59,
12is amended to read:
SB392-SA1,2,2313 27.019 (10) Acquisition of land. Any county in which there does not exist a
14county park commission acting through its rural planning committee may acquire
15by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
16consent of the county board, a sufficient tract or tracts of land for the reservation for
17public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
18places of special historic interest, memorial grounds, parks, playgrounds, sites for
19public buildings, and reservations in and about and along and leading to any or all
20of the same, and to develop and maintain the same for public use. The power of
21condemnation may not be used for the purpose of establishing or extending a
22recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
23in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB392-SA1,6m
1Section 6m. 27.05 (3) of the statutes, as affected by 2017 Wisconsin Act 59, is
2amended to read:
SB392-SA1,3,123 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
4condemnation, or otherwise, with the approval and consent of the county board, such
5tracts of land or public ways as it deems suitable for park purposes; including lands
6in any other county not more than three-fourths of a mile from the county line; but
7no land so acquired shall be disposed of by the county without the consent of said
8commission, and all moneys received for any such lands, or any materials, so
9disposed of, shall be paid into the county park fund hereinafter established. The
10power of condemnation may not be used for the purpose of establishing or extending
11a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
12defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB392-SA1,7m 13Section 7m. 27.065 (1) (a) of the statutes, as affected by 2017 Wisconsin Act
1459
, is amended to read:
SB392-SA1,4,715 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.
SB392-SA1,8m 8Section 8m. 27.08 (2) (b) of the statutes, as affected by 2017 Wisconsin Act 59,
9is amended to read:
SB392-SA1,4,2210 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
11pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
12or in trust, money, real or personal property, or any incorporeal right or privilege;
13except that no lands may be acquired by condemnation for the purpose of
14establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
15(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
16346.02 (8) (a)
. Gifts to any city of money or other property, real or personal, either
17absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
18be accepted only after they shall have been recommended by the board to the common
19council and approved by said council by resolution. Subject to the approval of the
20common council the board may execute every trust imposed upon the use of property
21or property rights by the deed, testament or other conveyance transferring the title
22of such property to the city for park, parkway, boulevard or pleasure drive purposes.
SB392-SA1,9m 23Section 9m. 27.08 (2) (c) of the statutes, as affected by 2017 Wisconsin Act 59,
24is amended to read:
SB392-SA1,5,11
127.08 (2) (c) Subject to the approval of the common council to buy or lease lands
2in the name of the city for park, parkway, boulevard or pleasure drive purposes
3within or without the city and, with the approval of the common council, to sell or
4exchange property no longer required for its purposes. Every city is authorized, upon
5recommendation of its officers, board or body having the control and management
6of its public parks, to acquire by condemnation in the name of the city such lands
7within or without its corporate boundaries as it may need for public parks, parkways,
8boulevards and pleasure drives. The power of condemnation may not be used for the
9purpose of establishing or extending a recreational trail; a bicycle way, as defined in
10s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
11defined in s. 346.02 (8) (a).
SB392-SA1,10m 12Section 10m. 32.015 of the statutes, as created by 2017 Wisconsin Act 59, is
13repealed.
SB392-SA1,11m 14Section 11m. 32.51 (1) (intro.) of the statutes, as affected by 2017 Wisconsin
15Act 59
, is amended to read:
SB392-SA1,5,1816 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I
17and subject to the limitations under s. 32.015, any city may condemn or otherwise
18acquire property under this subchapter for:
SB392-SA1,12m 19Section 12m. 59.52 (6) (a) of the statutes, as affected by 2017 Wisconsin Act
2059
, is amended to read:
SB392-SA1,6,821 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
2275 and acquire, lease or rent property, real and personal, for public uses or purposes
23of any nature, including without limitation acquisitions for county buildings,
24airports, parks, recreation, highways, dam sites in parks, parkways and
25playgrounds, flowages, sewage and waste disposal for county institutions, lime pits

1for operation under s. 59.70 (24), equipment for clearing and draining land and
2controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
3transfer of real property to the state for new collegiate institutions or research
4facilities, and for transfer to the state for state parks and for the uses and purposes
5specified in s. 23.09 (2) (d). The power of condemnation may not be used 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).
SB392-SA1,13m 9Section 13m. 60.782 (2) (d) of the statutes, as affected by 2017 Wisconsin Act
1059
, is amended to read:
SB392-SA1,6,1611 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
12situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
13or 30.275 (4). The power of condemnation may not used to acquire property for the
14purpose of establishing or extending a recreational trail; a bicycle way, as defined in
15s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
16defined in s. 346.02 (8) (a).
SB392-SA1,14m 17Section 14m. 61.34 (3) (a) of the statutes, as affected by 2017 Wisconsin Act
1859
, is renumbered 61.34 (3) and amended to read:
SB392-SA1,7,319 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b),
20the
The village board may acquire property, real or personal, within or outside the
21village, for parks, libraries, recreation, beautification, streets, water systems,
22sewage or waste disposal, harbors, improvement of watercourses, public grounds,
23vehicle parking areas, and for any other public purpose; may acquire real property
24within or contiguous to the village, by means other than condemnation, for industrial
25sites; may improve and beautify the same; may construct, own, lease and maintain

1buildings on such property for instruction, recreation, amusement and other public
2purposes; and may sell and convey such property. Condemnation shall be as
3provided by ch. 32.
SB392-SA1,15m 4Section 15m. 61.34 (3) (b) of the statutes, as created by 2017 Wisconsin Act
559
, is repealed.
SB392-SA1,16m 6Section 16m. 62.22 (1) (a) of the statutes, as affected by 2017 Wisconsin Act
759
, is renumbered 62.22 (1) and amended to read:
SB392-SA1,7,168 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of
9any city may by gift, purchase or condemnation acquire property, real or personal,
10within or outside the city, for parks, recreation, water systems, sewage or waste
11disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
12any other public purpose; may acquire real property within or contiguous to the city,
13by means other than condemnation, for industrial sites; may improve and beautify
14the same; may construct, own, lease and maintain buildings on such property for
15public purposes; and may sell and convey such property. The power of condemnation
16for any such purpose shall be as provided by ch. 32.
SB392-SA1,17m 17Section 17m. 62.22 (1) (b) of the statutes, as created by 2017 Wisconsin Act
1859
, is repealed.
SB392-SA1,18m 19Section 18m. 62.23 (17) (a) (intro.) of the statutes, as affected by 2017
20Wisconsin Act 59
, is amended to read:
SB392-SA1,8,221 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire
22by gift, lease, purchase or condemnation any lands (a) within its corporate limits for
23establishing, laying out, widening, enlarging, extending and maintaining memorial
24grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
25buildings, and reservations in and about and along and leading to any or all of the

1same; (b) any lands adjoining or near to such city for use, sublease or sale for any of
2the following purposes:
SB392-SA1,19m 3Section 19m. 62.23 (17) (am) of the statutes, as created by 2017 Wisconsin Act
459
, is repealed.
SB392-SA1,20m 5Section 20m. 85.09 (2) (a) of the statutes, as affected by 2017 Wisconsin Act
659
, is amended to read:
SB392-SA1,9,117 85.09 (2) (a) The department of transportation shall have the first right to
8acquire, for present or future transportational or recreational purposes, any
9property used in operating a railroad or railway, including land and rails, ties,
10switches, trestles, bridges, and the like located on that property, that has been
11abandoned. The department of transportation may, in connection with abandoned
12rail property, assign this right to a state agency, the board of regents of the University
13of Wisconsin System, any county or municipality, or any transit commission.
14Acquisition by the department of transportation may be by gift, purchase, or
15condemnation in accordance with the procedure under s. 32.05, except that the power
16of condemnation may not be used to acquire property for the purpose of establishing
17or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
18lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a)
.
19In addition to its property management authority under s. 85.15, the department of
20transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
21lease and collect rents and fees for any use of rail property pending discharge of the
22department's duty to convey property that is not necessary for a public purpose. No
23person owning abandoned rail property, including any person to whom ownership
24reverts upon abandonment, may convey or dispose of any abandoned rail property
25without first obtaining a written release from the department of transportation

1indicating that the first right of acquisition under this subsection will not be
2exercised or assigned. No railroad or railway may convey any rail property prior to
3abandonment if the rail property is part of a rail line shown on the railroad's system
4map as in the process of abandonment, expected to be abandoned, or under study for
5possible abandonment unless the conveyance or disposal is for the purpose of
6providing continued rail service under another company or agency. Any conveyance
7made without obtaining such release is void. The first right of acquisition of the
8department of transportation under this subsection does not apply to any rail
9property declared by the department to be abandoned before January 1, 1977. The
10department of transportation may acquire any abandoned rail property under this
11section regardless of the date of its abandonment.
SB392-SA1,21m 12Section 21m. 990.01 (2) of the statutes, as affected by 2017 Wisconsin Act 59,
13is amended to read:
SB392-SA1,9,1714 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power
15to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
16the power to condemn only in the cases specified in s. 32.02 and subject to the
17limitations under s. 32.015
.”.
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