AB806: Bill Text

AB806,5,18 (3) (a) If an assessment under sub. (2) that is completed by a governmental unit governed by an elected body shows that the proposed governmental action would result in the taking of private real property, the governmental unit may only implement the proposed governmental action by the passage of a statute, enactment of an ordinance or adoption of a resolution by a vote of three-fourths of all of the members of the elected body.

AB806,5,22 (b) If an assessment under sub. (2) that is completed by a state administrative agency shows that the proposed governmental action would result in the taking of private real property, the state administrative agency may not submit the proposed rule to the joint legislative council or implement the proposed rule.

AB806,6,3 (c) If an ordinance is enacted or a resolution is adopted under par. (a), the governmental unit that enacted the ordinance or that adopted the resolution shall send a copy of that ordinance or resolution to the department of revenue, including the date of the enactment or adoption. The department of revenue shall annually compile a list of all ordinances and resolutions submitted to the department under this paragraph and shall distribute that list to all assessors and certified appraisers.

AB806,6,6 (d) This subsection first applies to governmental actions that are final and binding and take effect on the effective date of this paragraph .... [revisor inserts date].

AB806,6,11 (4) (a) If a governmental action results in or may result in a taking of private real property and the governmental unit did not conduct an assessment under sub. (2), or did not pass a statute, enact an ordinance or adopt a resolution under sub. (3) (a) or violated sub. (3) (b), the owner of the private real property may do any of the following:

AB806,6,13 1. Commence an action in the county where the private real property is located asking that the governmental action be voided.

AB806,6,16 2. Request that the district attorney from the county where the private real property is located commence an action asking that the governmental action be voided.

AB806,6,19 3. Request that the state department of administration commence an action in the county where the property is located asking that the governmental action be voided.

AB806,6,23 (b) If a governmental action results in or may result in a taking of private real property, the state department of administration may commence an action when any violation of sub. (2) or (3) occurs, and shall commence an action when a violation of sub. (2) or (3) occurs if the interests of the public are at stake.

AB806,7,4 (5) If the finder of fact in an action commenced under sub. (4) determines that a governmental action results in or may result in a taking of private real property and that a governmental unit did not conduct an assessment under sub. (2), or did not pass a statute, enact an ordinance or adopt a resolution under sub. (3) (a) or violated sub. (3) (b), the court shall enter an order declaring that the governmental action is void.

AB806,7,6 (6) Notwithstanding s. 814.04, the court shall award the prevailing party in an action commenced under sub. (4) costs, including reasonable attorney fees.

AB806,7,8 (7) This section does not apply to a governmental unit's failure to act or to any of the following actions by a governmental unit:

AB806,7,9 (a) The exercise of the power of eminent domain.

AB806,7,11 (b) A law enforcement agency's seizure of private property for a violation of law or as evidence in a criminal proceeding.

AB806,7,12 (c) The forfeiture of private property resulting from the violation of a law.

AB806,7,14 (d) An action taken that is a reasonable response to an obligation mandated by federal law.

AB806,7,16 (e) An action taken by a political subdivision of the state that is a reasonable response to an obligation mandated by state law.

AB806,7,19 (f) The discontinuance or modification of a program or previous governmental action that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property.

AB806,7,23 (g) An action taken to prohibit or restrict a condition or use of a parcel of private real property if the state or political subdivision of the state has obtained an order from a court declaring that the building or dwelling on the private real property is a nuisance.

AB806,7,25 (h) An action taken out of a good faith belief that the action is necessary to prevent an immediate and substantial threat to life or property.

AB806,8,2 (i) A rule promulgated or ordinance or statute enacted to regulate water safety, hunting or fishing or to control nonindigenous aquatic species.

AB806,8,7 (j) An action, other than a zoning ordinance, taken in response to a substantial threat to public health or safety if the action is designed to significantly advance public health or safety and the action does not impose a greater burden on private real property than is necessary to respond to the substantial threat to public health or safety.

AB806,8,9 (k) The denial, suspension or revocation of a license to conduct certain activities on a parcel of private real property.

AB806,8,11 (L) Verbal or written orders requiring environmental cleanup or prohibiting or rescinding the use of certain pesticides.

AB806,8,13 (m) An administrative agency's approval or disapproval of ordinances proposed by other governmental units.

AB806, s. 5 Section 5 . Nonstatutory provisions.

AB806,8,19 (1) Assessments on takings. The authorized FTE positions for the department of administration are increased by 1.0 GPR attorney position on the effective date of this subsection, to be funded from the appropriation under section 20.505 (1) (a) of the statutes, for the purpose of overseeing the state compliance with section 895.45 of the statutes, as created by this act.

AB806, s. 6 Section 6. Effective dates. This act takes effect on the first day of the 9th month beginning after publication, except as follows:

AB806,8,23 (1) The treatment of section 16.004 (13) of the statutes and Section 5 of this act take effect on the day after publication.

AB806,8,24 (End)