32.22 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.25
32.25
Relocation payment plan and assistance services. 32.25(1)(1) Except as provided under
sub. (3) and
s. 85.09 (4m), no condemnor may proceed with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed in writing a relocation payment plan and relocation assistance service plan and has had both plans approved in writing by the department of administration.
32.25(2)
(2) The relocation assistance service plan shall contain evidence that the condemnor has taken reasonable and appropriate steps to:
32.25(2)(a)
(a) Determine the cost of any relocation payments and services or the methods that are going to be used to determine such costs.
32.25(2)(b)
(b) Assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable business locations or replacement farms.
32.25(2)(c)
(c) Assist displaced owners or renters in the location of comparable dwellings.
32.25(2)(d)
(d) Supply information concerning programs of federal, state and local governments which offer assistance to displaced persons and business concerns.
32.25(2)(e)
(e) Assist in minimizing hardships to displaced persons in adjusting to relocation.
32.25(2)(f)
(f) Secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the implementation of the relocation program.
32.25(2)(g)
(g) Determine the approximate number of persons, farms or businesses that will be displaced and the availability of decent, safe and sanitary replacement housing.
32.25(2)(h)
(h) Assure that, within a reasonable time prior to displacement, there will be available, to the extent that may reasonably be accomplished, housing meeting the standards established by the department of administration for decent, safe and sanitary dwellings. The housing, so far as practicable, shall be in areas not generally less desirable in regard to public utilities, public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced and equal in number to the number of such displaced families or individuals and reasonably accessible to their places of employment.
32.25(2)(i)
(i) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable dwelling.
32.25(3)(a)(a) Subsection (1) does not apply to any of the following activities engaged in by a condemnor:
32.25(3)(a)2.
2. Obtaining an option to purchase property, regardless of whether the option specifies the purchase price, if the property is not part of a program or project receiving federal financial assistance.
32.25 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.26
32.26
Authority of the department of administration. 32.26(1)(1) In addition to all other powers granted in this subchapter, the department of administration shall formulate local standards for decent, safe and sanitary dwelling accommodations.
32.26(2)(a)(a) The department of administration shall promulgate rules to implement and administer
ss. 32.19 to
32.27.
32.26(2)(b)
(b) The department of administration and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of administration in promulgating rules under
par. (a).
32.26(3)
(3) The department of administration may make investigations to determine if the condemnor is complying with
ss. 32.19 to
32.27. The department may seek an order from the circuit court requiring a condemnor to comply with
ss. 32.19 to
32.27 or to discontinue work on that part of the project which is not in substantial compliance with
ss. 32.19 to
32.27. The court shall give hearings on these actions precedence on the court's calendar.
32.26(4)
(4) Upon the request of the department of administration, the attorney general shall aid and prosecute all necessary actions or proceedings for the enforcement of this subchapter and for the punishment of all violations of this subchapter.
32.26(5)
(5) Any displaced person may, prior to commencing court action against the condemnor under
s. 32.20, petition the department of administration for review of his or her complaint, setting forth in the petition the reasons for his or her dissatisfaction. The department may conduct an informal review of the situation and attempt to negotiate an acceptable solution. If an acceptable solution cannot be negotiated within 90 days, the department shall notify all parties, and the petitioner may then proceed under
s. 32.20. The informal review procedure provided by this subsection is not a condition precedent to the filing of a claim and commencement of legal action pursuant to
s. 32.20. In supplying information required by
s. 32.25 (2) (d), the condemnor shall clearly indicate to each displaced person his or her right to proceed under this paragraph and under
s. 32.20, and shall supply full information on how the displaced person may contact the department of administration.
32.26(6)
(6) The department of administration, with the cooperation of the attorney general, shall prepare pamphlets in simple language and in readable format describing the eminent domain laws of this state, including the reasons for condemnation, the procedures followed by condemnors, how citizens may influence the condemnation process and the rights of property owners and citizens affected by condemnation. The department shall make copies of the pamphlets available to all condemnors, who may be charged a price for the pamphlets sufficient to recover the costs of production.
32.26(7)
(7) The department of administration shall provide technical assistance on relocation plan development and implementation to any condemnor carrying out a project which may result in the displacement of any person.
32.26 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.27
32.27
Records to be kept by condemnor. 32.27(1)
(1)
Contents of records. The condemnor shall maintain records for each project requiring a relocation payment plan. The records shall contain such information as are necessary to carry out
ss. 32.19 and
32.25 to
32.27. The records shall be preserved by the condemnor for a period of not less than 3 years after conclusion of the project to which the records pertain.
32.27(2)
(2) Costs of relocation payments and services; sharing formula. 32.27(2)(a)(a) The costs of relocation payments and services shall be computed and paid by the condemnor and included as part of the total project cost.
32.27(2)(b)
(b) If there is a project cost-sharing agreement between the condemnor and another unit or level of government, the costs of relocation payments and services shall be shared in the same proportion as other project costs unless otherwise provided. This direct proportion formula may be changed to take advantage of federal relocation subsidies. It is intended that the payments and services described by
ss. 32.19 to
32.27 are required for any project whether or not it is subject to federal regulation under
P.L. 91-646; 84 Stat. 1894. The intent of this paragraph is to assure that condemnors take maximum advantage of federal payment or assistance for relocation, and to ensure that in no event will any displaced person receive a combined payment in excess of payments authorized or required by
s. 32.19 or by federal law.
32.27 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.28(1)(1) In this section, "litigation expenses" means the sum of the costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees necessary to prepare for or participate in actual or anticipated proceedings before the condemnation commissioners, board of assessment or any court under this chapter.
32.28(2)
(2) Except as provided in
sub. (3), costs shall be allowed under
ch. 814 in any action brought under this chapter. If the amount of just compensation found by the court or commissioners of condemnation exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer, the condemnee shall be deemed the successful party under
s. 814.02 (2).
32.28(3)
(3) In lieu of costs under
ch. 814, litigation expenses shall be awarded to the condemnee if:
32.28(3)(a)
(a) The proceeding is abandoned by the condemnor;
32.28(3)(b)
(b) The court determines that the condemnor does not have the right to condemn part or all of the property described in the jurisdictional offer or there is no necessity for its taking;
32.28(3)(d)
(d) The award of the condemnation commission under
s. 32.05 (9) or
32.06 (8) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15% and neither party appeals the award to the circuit court;
32.28(3)(e)
(e) The jury verdict as approved by the court under
s. 32.05 (11) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15%;
32.28(3)(f)
(f) The condemnee appeals an award of the condemnation commission which exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15%, if the jury verdict as approved by the court under
s. 32.05 (10) or
32.06 (10) exceeds the award of the condemnation commission by at least $700 and at least 15%;
32.28(3)(g)
(g) The condemnor appeals the award of the condemnation commission, if the jury verdict as approved by the court under
s. 32.05 (10) or
32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15%;
32.28(3)(h)
(h) The condemnee appeals an award of the condemnation commission which does not exceed the jurisdictional offer or the highest written offer prior to the jurisdictional offer by 15%, if the jury verdict as approved by the court under
s. 32.05 (10) or
32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15%; or
32.28(3)(i)
(i) The condemnee appeals an assessment of damages and benefits under
s. 32.61 (3), if the judgment is at least $700 and at least 15% greater than the award made by the city.
32.28 Annotation
Under sub. (3) (d), the difference between the award and offer must meet both the $700 and 15% tests, but the two are not cumulative. Acquisition of Certain Lands by Benson,
101 Wis. 2d 691,
305 N.W.2d 184 (Ct. App. 1981).
32.28 Annotation
A condemnee may not recover attorney fees incurred prior to a jurisdictional offer. A contingent fee of 40% of an award, plus interest, was reasonable. A condemnor must pay an appraiser for time spent as an adviser during most of a trial. Kluenker v. State,
109 Wis. 2d 602,
327 N.W.2d 145 (Ct. App. 1982).
32.28 Annotation
An evidentiary hearing on the reasonableness of litigation expenses is discretionary, not mandatory. Appellate litigation expenses may be awarded. Narloch v. DOT,
115 Wis. 2d 419,
340 N.W.2d 540 (1983).
32.28 Annotation
For attorney fees to be found reasonable, a condemnee is not required to retain counsel from the locality where the condemned property is located. It implies a reasonable choice of counsel based on the facts of the case. Standard Theatres v. DOT,
118 Wis. 2d 730,
349 N.W.2d 661 (1984).
32.28 Annotation
Litigation expenses were properly awarded under sub. (3) (b) when the condemnor failed to establish the necessity for taking the property. Toombs v. Washburn County,
119 Wis. 2d 346,
350 N.W.2d 720 (Ct. App. 1984).
32.28 Annotation
A successful plaintiff in an inverse condemnation action was entitled to litigation expenses, which included expenses related to a direct condemnation action. Expenses related to an allocation proceeding under s. 32.11 were not recoverable. Maxey v. Racine Redevelopment Authority,
120 Wis. 2d 13,
353 N.W.2d 812 (Ct. App. 1984).
32.28 Annotation
An award under s. 32.06 (8) exclusively for tenant's immovable fixtures constitutes a separate award for purposes of s. 32.28 (3) (d). The unit rule of damages is inapplicable. Litigation expenses are awarded by court order, not by the clerk under s. 814.10. Green Bay Redevelopment Authority v. Bee Frank,
120 Wis. 2d 402,
355 N.W.2d 240 (1984).
32.28 Annotation
A contingent fee contract while not improper, is only a guide in awarding expenses under sub. (3) (e). Milwaukee Rescue Mission v. Milwaukee Redevelopment Authority,
161 Wis. 2d 472,
468 N.W.2d 663 (1991).
32.28 Annotation
A judge who assigns a condemnation petition to the commission may award attorney fees when neither party appeals the commission's award. Contingent fees as the basis of an award are discussed. Village of Shorewood v. Steinberg,
174 Wis. 2d 191,
496 N.W.2d 191 (1993).
32.28 Annotation
The award of litigation expenses upon abandonment of condemnation proceedings applies to all ch. 32 condemnations. Expenses may be awarded when any proceeding in the process is abandoned. Pelfrense v. Dane County Regional Airport,
186 Wis. 2d 538,
521 N.W.2d 460 (Ct. App. 1994).
32.28 Annotation
When an award is appealed, but does not proceed to a verdict, the issue of litigation expenses is treated as arising under sub. (3) (d). Dickie v. City of Tomah,
190 Wis. 2d 455,
527 N.W.2d 697 (Ct. App. 1994).
32.28 Annotation
Attorney fees may not be awarded when an attorney-client relationship does not exist. An attorney represented by his own law firm is not entitled to attorney fees. Dickie v. City of Tomah,
190 Wis. 2d 455,
527 N.W.2d 697 (Ct. App. 1994).
32.28 Annotation
When language in a lease provided that the lessor would receive all of any condemnation award, the calculation of the 15% under sub. (3) (e) was based on the entire jurisdictional offer, even though under terms of the lease the lessee was entitled to payments from the lessor upon condemnation. Van Asten v. DOT,
214 Wis. 2d 135,
571 N.W.2d 420 (Ct. App. 1997),
96-1835.
32.28 Annotation
Sub. (3) (b) entitles a successful condemnee to litigation expenses when the condemnor fails to negotiate in good faith before issuing the jurisdictional offer. Good faith negotiation prior to issuing a jurisdictional offer is not merely a technical obligation, but rather, is a fundamental, statutory requirement necessary to validly commence condemnation and confer jurisdiction on the condemnation commission and the courts. The Warehouse II, LLC v. State of Wisconsin Department of Transportation,
2006 WI 62,
291 Wis. 2d 80,
715 N.W.2d 213,
03-2865.
32.28 Annotation
This section does not expressly state that fees are only recoverable prior to abandonment or if the continuation of proceedings was not attributable to the condemnee. However the circuit court in this case properly exercised its discretion in determining that the fees incurred after abandonment were not reasonable or necessary. DSG Evergreen F.L.P. v. Town of Perry,
2007 WI App 115,
300 Wis. 2d 590,
731 N.W.2d 667,
06-0585.
32.28 Annotation
Litigation expenses shall be awarded to an owner under sub. (3) (d) if the owner conveys the property and receives a certificate of compensation pursuant to s. 32.06 (2a), with no jurisdictional offer issued under s. 32.06 (3); timely appeals to the circuit court, which refers the matter to the chairperson of the county condemnation commissioners; is awarded at least $700 and at least 15% more than the negotiated price under s. 32.06 (2a); and neither party appeals the commission's award. Klemm v. American Transmission Company, LLC,
2011 WI 37,
333 Wis. 2d 580,
798 N.W.2d 223,
09-2784.
32.29
32.29
False statements prohibited. Any officer, agent or employee of a governmental body or corporation granted condemnation power under
s. 32.02 (1) or
(3) to
(16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation benefits under
s. 32.19,
32.20,
32.25 or
32.26 or who fails to provide the information required under
s. 32.26 (6) shall be fined not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both.
32.29 History
History: 1977 c. 158;
1983 a. 27 s.
879; Stats. 1983 s. 32.29.
ALTERNATE EMINENT DOMAIN
PROCEDURES IN 1ST CLASS CITIES
32.50
32.50
Definitions. In this subchapter:
32.50(1)
(1) "Benefit district" means the area benefiting from and assessed for an improvement under this subchapter.
32.50(2)
(2) "Board" means the board of assessment.
32.50(3)
(3) "City" means any 1st class city.
32.50(4)
(4) "Common council" means the common council of the city.
32.50 History
History: 1983 a. 236.
32.51
32.51
Exercise of eminent domain. 32.51(1)
(1)
Purposes. In addition to the powers granted under
subch. I, any city may condemn or otherwise acquire property under this subchapter for:
32.51(1)(a)
(a) Any purpose stated in
article XI, section 3a, of the constitution.
32.51(1)(b)
(b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, water systems and water mains.
