CHAPTER 32
EMINENT DOMAIN
SUBCHAPTER I
GENERAL EMINENT DOMAIN
32.02 Who may condemn; purposes.
32.03 When condemnation not to be exercised.
32.035 Agricultural impact statement.
32.04 Procedure in condemnation.
32.05 Condemnation for sewers and transportation facilities.
32.06 Condemnation procedure in other than transportation matters.
32.07 Necessity, determination of.
32.075 Use after condemnation.
32.08 Commissioner of condemnation.
32.09 Rules governing determination of just compensation.
32.10 Condemnation proceedings instituted by property owner.
32.12 Proceedings to perfect title.
32.13 Proceedings when land mortgaged.
32.15 How title in trustee acquired.
32.16 Abandonment of easements for public use.
32.17 General provisions.
32.18 Damage caused by change of grade of street or highway where no land is taken; claim; right of action.
32.19 Additional items payable.
32.195 Expenses incidental to transfer of property.
32.196 Relocation payments not taxable.
32.197 Waiver of relocation assistance.
32.20 Procedure for collection of itemized items of compensation.
32.21 Emergency condemnation.
32.22 Special procedure for immediate condemnation.
32.25 Relocation payment plan and assistance services.
32.26 Authority of the department of administration.
32.27 Records to be kept by condemnor.
32.29 False statements prohibited.
SUBCHAPTER II
ALTERNATE EMINENT DOMAIN
PROCEDURES IN 1ST CLASS CITIES
32.51 Exercise of eminent domain.
32.52 Board of assessment.
32.53 Resolution of necessity.
32.54 Report and tentative plan of improvement.
32.55 Hearing on the report and tentative plan of improvement.
32.56 Altering the plan of improvement.
32.57 Determining benefits and damages.
32.58 Benefit assessment payments.
32.61 Appeal to circuit court.
32.63 Completing certain improvements.
32.67 Special improvement bonds.
32.68 Tax delinquent fund.
32.69 Alternative financing by general obligation bonds, taxation or anticipation notes.
32.70 Statute of limitations.
32.71 Liberal construction.
32.72 Approval by the electorate.
GENERAL EMINENT DOMAIN
32.01
32.01
Definitions. In this subchapter unless the context clearly requires otherwise:
32.01(1r)
(1r) “Person" includes the state, a county, town, village, city, school district or other municipal corporation, a board, commission, including a commission created by contract under s.
66.0301, corporation, or housing authority created under ss.
66.1201 to
66.1211 or redevelopment authority created under s.
66.1333 or the Wisconsin Aerospace Authority created under s.
114.61.
32.01(2)
(2) “Property" includes estates in lands, fixtures and personal property directly connected with lands.
32.01 Annotation
The rule of strict construction should be applied to a condemnor's power and to the exercise of this power. This is because the exercise of the power of eminent domain has been characterized as an extraordinary power, and the rule of strict construction is intended to benefit the owner whose property is taken against the owner's will. Conversely, statutory provisions in favor of the owner, such as those that regulate the compensation to be paid to the owner, are to be afforded liberal construction. Standard Theatres, Inc. v. DOT,
118 Wis. 2d 730,
349 N.W.2d 661 (1984).
32.01 Annotation
The statutes governing condemnation action procedures are in derogation of the common law and therefore are to be strictly construed. Accordingly, strict adherence to the statute is required. Likewise, engrafting onto the statute things it does not require is forbidden. City of Racine v. Bassinger,
163 Wis. 2d 1029,
473 N.W.2d 526 (Ct. App. 1991).
32.015
32.015
Limitations. Property may not be acquired by condemnation to establish or extend a recreational trail; a bicycle way, as defined in s.
340.01 (5s); a bicycle lane, as defined in s.
340.01 (5e); or a pedestrian way, as defined in s.
346.02 (8) (a).
32.015 History
History: 2017 a. 59.
32.015 Annotation
A sidewalk is a “pedestrian way" as that term is used in this section and s. 61.34 (3) (b). The general definition of pedestrian way in s. 346.02 (8) (a) is broader than the definition of a sidewalk because a pedestrian way can—but need not—be adjacent to a roadway. In other words, the term pedestrian way includes both: 1) sidewalks, i.e., walks adjacent to a roadway for the use of pedestrian travel, as defined in s. 340.01 (58); and 2) all other walks designated for pedestrian travel that are not adjacent to a roadway, such as a walking path through a parcel of property. Sojenhomer LLC v. Village of Egg Harbor,
2023 WI App 20,
407 Wis. 2d 587,
990 N.W.2d 267,
21-1589.
32.02
32.02
Who may condemn; purposes. The following departments, municipalities, boards, commissions, public officers, and business entities may acquire by condemnation any real estate and personal property appurtenant thereto or interest therein which they have power to acquire and hold or transfer to the state, for the purposes specified, in case such property cannot be acquired by gift or purchase at an agreed price:
