LRB-3527/2
PG:wlj:jf
2005 - 2006 LEGISLATURE
September 22, 2005 - Introduced by Representatives Sherman, Ainsworth, Bies,
Sheridan, Freese, Lehman, Staskunas, Owens, Turner, Pope-Roberts, Pocan,
Travis, Boyle, Molepske, Ziegelbauer, Vruwink, Hubler, Nelson and
Sinicki, cosponsored by Senators Hansen, Decker, Erpenbach and Wirch.
Referred to Committee on Property Rights and Land Management.
AB682,1,3
1An Act to amend 32.02 (1); and
to create 32.03 (6) of the statutes;
relating to:
2prohibiting the condemnation of property for any purpose not expressly
3authorized.
Analysis by the Legislative Reference Bureau
This bill prohibits the acquisition of property by condemnation unless the
purpose of the condemnation is expressly authorized by statute.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB682, s. 1
4Section
1. 32.02 (1) of the statutes is amended to read:
AB682,2,65
32.02
(1) Any county, town, village, city, including villages and cities
6incorporated under general or special acts, school district, the department of health
7and family services, the department of corrections, the board of regents of the
8University of Wisconsin System, the building commission, a commission created by
9contract under s. 66.0301, with the approval of the municipality in which
1condemnation is proposed, or any public board or commission, for any
lawful purpose
2expressly authorized by statute, but in the case of city and village boards or
3commissions approval of that action is required to be granted by the governing body.
4A mosquito control commission, created under s. 59.70 (12), and a local professional
5football stadium district board, created under subch. IV of ch. 229, may not acquire
6property by condemnation.
AB682, s. 2
7Section
2. 32.03 (6) of the statutes is created to read:
AB682,2,108
32.03
(6) Notwithstanding any other statutory provision, property may not be
9acquired by condemnation unless the purpose of the condemnation is expressly
10authorized by statute.
AB682,2,1312
(1) This act first applies to jurisdictional offers to purchase made on the
13effective date of this subsection.
