32.19(3)(a)
(a)
Moving expenses; actual. The condemnor shall compensate a displaced person for the actual and reasonable expenses of moving the displaced person and his or her family, business or farm operation, including personal property; actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property; actual reasonable expenses in searching for a replacement business or farm operation; and actual reasonable expenses necessary to reestablish a business or farm operation, not to exceed $10,000, unless compensation for such expenses is included in the payment provided under
sub. (4m).
32.19(3)(b)
(b)
Moving expenses; optional fixed payments. 32.19(3)(b)1.1. `Dwellings.' Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by
par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of commerce.
32.19(3)(b)2.
2. `Business and farm operations.' Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of commerce by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under
par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of commerce by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.
32.19(3)(c)
(c)
Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in
par. (a), may, if otherwise qualified under
par. (b) 2., elect to receive the payment authorized under
par. (b) 2., minus whatever payment the displaced person received under
par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under
par. (a), provided that the displaced person meets eligibility criteria established by the department of commerce by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.
32.19(4)(a)(a)
Owner-occupants. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $25,000, to any displaced person who is displaced from a dwelling actually owned and occupied, or from a mobile home site actually owned or occupied, by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. For the purposes of this paragraph, a nonprofit corporation organized under
ch. 181 may, if otherwise eligible, be considered a displaced owner. A displaced owner may elect to receive the payment under
par. (b) 1. in lieu of the payment under this paragraph. Such payment includes only the following:
32.19(4)(a)1.
1. The amount, if any, which when added to the acquisition payment, equals the reasonable cost of a comparable replacement dwelling available on the private market, as determined by the condemnor.
32.19(4)(a)1m.
1m. In the case of a person displaced from a mobile home site who meets one of the conditions under
subd. 1m. a.,
b. or
c., the amount, if any, which when added to the trade-in or salvage value of the mobile home equals the reasonable cost of a comparable mobile home which is decent, safe and sanitary, plus an amount equal to 48 times the difference between the monthly rent being paid for the site on which the mobile home is located and the monthly rent for a comparable mobile home site or the amount necessary to enable the displaced person to make a down payment on the purchase of a comparable mobile home site. If a comparable mobile home dwelling is not available, the replacement housing payment shall be calculated on the basis of the next highest type of mobile home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling. The owner of a mobile home shall be eligible for payments under this subdivision if one of the following conditions is met:
32.19(4)(a)1m.a.
a. The mobile home is not considered to be a decent, safe and sanitary dwelling unit.
32.19(4)(a)1m.b.
b. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost.
32.19(4)(a)1m.c.
c. There are no adequate or available replacement sites to which the mobile home can be moved.
32.19(4)(a)2.
2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of commerce.
32.19(4)(a)3.
3. Reasonable incidental fees, commissions, discounts, surveying costs, title evidence costs and other closing costs incurred in the purchase of replacement housing, but not including prepaid expenses.
32.19(4)(ag)
(ag)
Limitation. Payment under
par. (a) shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling not later than one year after the date on which the person moves from the dwelling acquired for the project, or the date on which the person receives payment from the condemnor, whichever is later, except that the condemnor may extend the period for good cause. If the period is extended, payment under
par. (a) shall be based on the costs of relocating the displaced person to a comparable replacement dwelling within one year of the date on which the person moves from the dwelling acquired for the project.
32.19(4)(b)
(b)
Tenants and certain others. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce by rule. For purposes of this paragraph, a nonprofit corporation organized under
ch. 181 may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under
par. (bm), such payment shall be either:
32.19(4)(b)1.
1. The amount, if any, which, when added to the rental cost of the acquired dwelling, equals the reasonable cost of leasing or renting a comparable dwelling available on the private market for a period not to exceed 4 years, as determined by the condemnor, but not to exceed $8,000; or
32.19(4)(b)2.
2. If the person elects to purchase a comparable dwelling, the amount determined under
subd. 1. plus expenses under
par. (a) 3.
32.19(4)(bm)1.1. Payment under
par. (b) shall be made only to a displaced person who rents, leases or purchases a decent, safe and sanitary replacement dwelling and occupies that dwelling not later than one year after the date on which the person moves from the displacement dwelling, except that the condemnor may extend the period for good cause.
32.19(4)(bm)2.
2. If a displaced person occupied the dwelling acquired for at least 90 days but not more than 180 days prior to the initiation of negotiations for the acquisition of the property, the payment under
par. (b) may not exceed the amount the displaced person would receive if the displaced person was eligible for a payment under
par. (a).
32.19(4)(c)
(c)
Additional payment. If a comparable dwelling is not available within the monetary limits established in
par. (a) or
(b), the condemnor may exceed the monetary limits and make payments necessary to provide a comparable dwelling.
32.19(4m)
(4m) Business or farm replacement payment. 32.19(4m)(a)(a)
Owner-occupied business or farm operation. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $50,000, to any owner displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to the initiation of negotiations for the acquisition of the real property on which the business or farm operation lies, and who actually purchases a comparable replacement business or farm operation for the acquired property within 2 years after the date the person vacates the acquired property or receives payment from the condemnor, whichever is later. An owner displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to the initiation of negotiations for the acquisition of the real property on which the business or farm operation lies may elect to receive the payment under
par. (b) 1. in lieu of the payment under this paragraph, but the amount of payment under
par. (b) 1. to such an owner displaced person may not exceed the amount the owner displaced person is eligible to receive under this paragraph. The additional payment under this paragraph shall include the following amounts:
32.19(4m)(a)1.
1. The amount, if any, which when added to the acquisition cost of the property, other than any dwelling on the property, equals the reasonable cost of a comparable replacement business or farm operation for the acquired property, as determined by the condemnor.
32.19(4m)(a)2.
2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of commerce.
32.19(4m)(a)3.
3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement property, but not including prepaid expenses.
32.19(4m)(b)
(b)
Tenant-occupied business or farm operation. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce, and who actually rents or purchases a comparable replacement business or farm operation for the displaced business or farm operation within 2 years after the date the person vacates the acquired property. At the option of the tenant displaced person, such payment shall be either:
32.19(4m)(b)1.
1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or
32.19(4m)(b)2.
2. If the tenant displaced person elects to purchase a comparable replacement business or farm operation, the amount determined under
subd. 1. plus expenses under
par. (a) 3.
32.19(5)
(5) Eminent domain. Nothing in this section or
ss. 32.25 to
32.27 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of damages.
32.19 History
History: 1971 c. 99,
103,
244,
287;
1973 c. 192;
1975 c. 224,
273;
1977 c. 418,
438,
440;
1979 c. 32,
221,
358,
361;
1981 c. 390 s.
252;
1983 a. 27 ss.
881 to
888;
1983 a. 186,
189;
1983 a. 236 ss.
12,
13;
1983 a. 538;
1987 a. 399;
1993 a. 112;
1995 a. 27 ss.
1713 to
1722,
9116 (5);
1995 a. 225.
32.19 Annotation
See note to Art. I, sec. 13, citing Luber v. Milwaukee County, 47 W (2d) 271, 177 NW (2d) 380.
32.19 Annotation
A lessee under lease for more than one year is a joint owner of real property within the intent of this section, and is eligible to receive relocation assistance payments provided by (4) (c). 61 Atty. Gen. 16.
32.19 Annotation
Question of whether ch. 103, laws of 1971, places Wisconsin in compliance with the uniform relocation assistance and real property acquisition policies act of 1970, P.L. 91-646, discussed. 61 Atty. Gen. 49.
32.19 Annotation
Discussion of whether Wisconsin can comply with the federal relocation assistance and property acquisition act. 61 Atty. Gen. 197.
32.19 Annotation
State debt financing of relocation payments is permissible under art. VIII, sec. 7 (2) (a). 62 Atty. Gen. 42.
32.19 Annotation
Relocation benefits and services, where owner initiates negotiations for the acquisition, discussed. 62 Atty. Gen. 168.
32.19 Annotation
State agencies engaging in advance land acquisitions must comply with this section et seq., Wisconsin's relocation assistance and payment law. 63 Atty. Gen. 201.
32.19 Annotation
Wisconsin condemnors are not bound by the federal relocation act. Relocation assistance and payments to displaced persons must be made in accordance with 32.19 to 32.27. Unrelated individuals who share a common dwelling for convenience sake without a common head of the household are persons under this section. 63 Atty. Gen. 229.
32.19 Annotation
See note to 38.14, citing 63 Atty. Gen. 367, concerning VTAE districts.
32.19 Annotation
Religious societies incorporated under ch. 187 are "persons" within the meaning of the relocation assistance act and are entitled to the benefits of such act if they otherwise qualify. 63 Atty. Gen. 578.
32.19 Annotation
Owner of rental property, regardless of its size, is engaged in "business" under (2) (d). 69 Atty. Gen. 11.
32.19 Annotation
Owners of rental property who do not physically occupy real property taken for public use are not eligible for business replacement payments under (4m). 69 Atty. Gen. 263.
32.19 Annotation
Condemnors may not offer displaced persons a loan or alternative assistance in lieu of payments. Condemnors may not obtain waivers of benefits as condition for participation in acquisition program. 70 Atty. Gen. 94.
32.19 Annotation
Tenant who rents new property in reasonable anticipation of displacement prior to actual displacement is entitled to replacement payments under (4m) (b). 70 Atty. Gen. 120.
32.19 Annotation
There was no constitutional "taking" where tenants were ordered to vacate temporarily their uninhabitable dwelling to permit repairs pursuant to housing code. Devines v. Maier, 728 F (2d) 876 (1984).
32.19 Annotation
Compensation for lost rents. 1971 WLR 657.
32.195
32.195
Expenses incidental to transfer of property. In addition to amounts otherwise authorized by this subchapter, the condemnor shall reimburse the owner of real property acquired for a project for all reasonable and necessary expenses incurred for:
32.195(1)
(1) Recording fees, transfer taxes and similar expenses incidental to conveying such property.
32.195(2)
(2) Penalty costs for prepayment of any mortgage entered into in good faith encumbering such real property if the mortgage is recorded or has been filed for recording as provided by law prior to the date specified in
s. 32.19 (4) (a) 2.
32.195(3)
(3) The proportional share of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the condemnor or the effective date of possession of such real property by the condemnor, whichever is earlier.
32.195(4)
(4) The cost of realigning personal property on the same site in partial takings or where realignment is required by reason of elimination or restriction of existing used rights of access.
32.195(5)
(5) Expenses incurred for plans and specifications specifically designed for the property taken and which are of no value elsewhere because of the taking.
32.195(6)
(6) Reasonable net rental losses when all of the following are true:
32.195(6)(a)
(a) The losses are directly attributable to the public improvement project.
32.195(6)(b)
(b) The losses are shown to exceed the normal rental or vacancy experience for similar properties in the area.
32.195(7)
(7) Cost of fencing reasonably necessary pursuant to
s. 32.09 (6) (g) shall, when incurred, be payable in the manner described in
s. 32.20.
32.195 Annotation
An owner who is legally liable for expenses incurred for plans relating to condemned property is entitled to reimbursement under sub. (5). Shepard Legan Aldrian Ltd. v. Shorewood Village, 182 W (2d) 472, 513 NW (2d) 686 (Ct. App. 1994).
32.196
32.196
Relocation payments not taxable. Except for reasonable net rental losses under
s. 32.195 (6), no payments received under
s. 32.19 or
32.195 may be considered income for the purposes of
ch. 71; nor may such payments be considered income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any welfare law.
32.196 History
History: 1983 a. 27 s.
888.
32.197
32.197
Waiver of relocation assistance. An owner-occupant of property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. Prior to the execution of any waiver under this section, the condemnor shall provide to the owner-occupant, in writing, full information about the specific payments and services being waived by the owner-occupant. The department of commerce shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.
32.20
32.20
Procedure for collection of itemized items of compensation. Claims for damages itemized in
ss. 32.19 and
32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.
32.20 Annotation
Statute mandates procedure for making any and all claims by condemnees. Rotter v. Milw. County Exp. & Trans. Comm. 72 W (2d) 553, 241 NW (2d) 440.
32.21
32.21
Emergency condemnation. Whenever any lands or interest therein are urgently needed by any state board, or commission, or other agency of the state, and a contract for the purchase or use of the property cannot be made for a reasonable price, or for any other reason, including the unavailability of the owner or owners, the board, commission or agency may, with the approval of the governor, issue an award of damages and upon tender of the award to the owner or owners, or deposit in a court of record in the county where the lands are situated in cases where an owner is not available or tender is refused, take immediate possession of said property. Deposit in a court of record may be made by registered mail addressed to the clerk of the court. The governor shall determine whether or not such an award shall issue. Appeal from said award of damages will lie as in other similar cases and all provisions of this subchapter shall govern, except as to the provision herein concerning the immediate issuance of the award tender and immediate possession.
32.21 History
History: 1981 c. 390 s.
252;
1983 a. 236 s.
12.
32.22
32.22
Special procedure for immediate condemnation. 32.22(1)(1)
Definitions. In this section, unless the context requires otherwise:
32.22(1)(a)
(a) "Blighted property" means any property which, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety or welfare.
32.22(1)(b)
(b) "Municipality" means a city, a village, a town, a housing authority created under
ss. 66.40 to
66.404, a redevelopment authority created under
s. 66.431 or a community development authority created under
s. 66.4325.
32.22(1)(c)
(c) "Owner" means any person holding record title in the property.
32.22(1)(d)
(d) "Residential" means used principally for dwelling purposes.
32.22(2)
(2) Applicability. Any municipality may use the procedures in this section for the condemnation of blighted residential property, in lieu of the procedures in
s. 32.06. Any 1st class city may use the procedures in this section for the condemnation of blighted residential property, in lieu of the procedures in
subch. II. The procedures in this section may only be used to acquire all of the property in a single parcel. Except as provided in
sub. (12), the procedures in this section may not be used by a municipality to acquire blighted residential property for any purpose which requires the razing of the residential building.
32.22(3)
(3) Determination of necessity of taking. The necessity of taking shall be determined under
s. 32.07.
32.22(4)
(4) Appraisal; information on blight; warrant. 32.22(4)(a)1.1. The municipality shall prepare one or more appraisals of any blighted residential property proposed to be acquired under this section. In preparing any appraisal under this paragraph, the appraiser shall confer with the owner or the owner's representative, if either can be located with reasonable diligence. The condemnor shall provide the owner with a full narrative appraisal upon which the petition under
sub. (5) is based and a copy of any other appraisal made under this paragraph and at the same time shall inform the owner of his or her right to obtain an appraisal under
subd. 2.
32.22(4)(a)2.
2. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired. The owner may submit the reasonable costs of the appraisal to the condemnor for payment, along with a copy of the owner's full narrative appraisal and evidence of the owner's payment for the appraisal within 60 days after the petition is filed under
sub. (5). After receipt of the statement of appraisal costs, proof of payment and a copy of the appraisal, the municipality shall promptly reimburse the owner for the reasonable costs of the appraisal. The condemnor shall not be required to reimburse more than one owner under this subdivision for an appraisal relating to the condemnation under this section of any single parcel of real estate. If record title exists in more than one person, the person obtaining reimbursement under this subdivision shall provide a copy of the owner's appraisal to each other person who is an owner, as defined in
sub. (1) (c).
32.22(4)(b)
(b) Before submitting the petition under
sub. (5), the municipality shall ascertain that the property is blighted and shall note any other evidence of blight, such as unlocked doors, unlocked or broken windows and screens, lack of gas, electric or water service, absence of personal belongings in the building and any conditions which render the building untenantable.
32.22(4)(c)
(c) Prior to entry into any building proposed to be acquired under this section, the condemnor shall obtain a special condemnation warrant under this paragraph. To obtain a special condemnation warrant, the condemnor shall petition the circuit court for the county in which the property proposed to be acquired is located and shall mail a copy of the petition for a warrant under this paragraph by registered or certified mail to the owner's last-known address if any. The court shall issue the warrant on the condemnor's affidavit that the condemnor intends to condemn the property under this section; that the condemnor has mailed a copy of the petition for the warrant as required in this paragraph; and that an external inspection of the property indicates that it is blighted.
32.22(5)
(5) Petition for condemnation proceedings. 32.22(5)(a)(a) A municipality may present a verified petition to the circuit court for the county in which the property to be taken is located, for proceedings to take immediate possession of blighted residential property and for proceedings to determine the necessity of taking, where such determination is required. The compensation offered for the property shall accompany the petition.
32.22(5)(b)1.
1. Describe the property and interests sought to be acquired.
32.22(5)(b)3.
3. State the authority of the municipality to condemn the property.
