This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
2019 - 2020 LEGISLATURE
February 24, 2020 - Introduced by Representatives Wichgers, Horlacher,
Murphy, Krug and Sanfelippo, cosponsored by Senators Craig, Nass and
Testin. Referred to Committee on Housing and Real Estate.
AB948,1,4 1An Act to repeal 32.22 and 66.1201 (10) (b) to (g); and to amend 32.03 (6) (a)
2(intro.), 32.06 (intro.), 66.1201 (10) (a), 66.1311 (3), 66.1313 (1), 66.1331 (4) (b),
366.1333 (3) (f), 66.1333 (5) (b) 1., 66.1333 (5) (c) 1r. and 66.1337 (5) of the
4statutes; relating to: various changes to the eminent domain laws.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the laws governing condemnation of
property, including the following:
1. Currently, a municipality may use a special procedure to condemn blighted
residential property. The special procedure allows such condemnations to occur
more quickly. This bill eliminates the special procedure.
2. Current law provides that, in general, property that is not blighted may not
be condemned if the condemnor intends to convey the property to a private entity.
Current law generally defines “blighted property” as property that, by reason of one
or more certain specified factors, is detrimental to the public health, safety, or
welfare. This bill narrows the meaning of “blighted property," thus expanding the
scope of the prohibition. Specifically, the bill eliminates “age or obsolescence” and
“faulty lot layout in relation to size, adequacy, accessibility, or usefulness” as factors
that may, either alone or in combination with other factors, be cited as reasons for
property to be deemed blighted for purposes of the prohibition.
3. The bill clarifies that all condemnations by a housing authority,
redevelopment authority, or community development authority be conducted using
the regular procedure for eminent domain.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB948,1 1Section 1 . 32.03 (6) (a) (intro.) of the statutes is amended to read:
AB948,2,102 32.03 (6) (a) (intro.) In this subsection, “blighted property" means any property
3that, by reason of abandonment, dilapidation, deterioration, age or obsolescence,
4inadequate provisions for ventilation, light, air, or sanitation, high density of
5population and overcrowding, faulty lot layout in relation to size, adequacy,
6accessibility, or usefulness,
unsanitary or unsafe conditions, deterioration of site or
7other improvements, or the existence of conditions that endanger life or property by
8fire or other causes, or any combination of such factors, is detrimental to the public
9health, safety, or welfare. Property that consists of only one dwelling unit is not
10blighted property unless, in addition, at least one of the following applies:
AB948,2 11Section 2. 32.06 (intro.) of the statutes is amended to read:
AB948,2,15 1232.06 Condemnation procedure in other than transportation matters.
13(intro.) The procedure in condemnation in all matters except acquisitions under s.
1432.05 or 32.22, acquisitions under subch. II, acquisitions under subch. II of ch. 157,
15and acquisitions under ch. 197, shall be as follows:
AB948,3 16Section 3. 32.22 of the statutes is repealed.
AB948,4 17Section 4. 66.1201 (10) (a) of the statutes is amended to read:
AB948,3,318 66.1201 (10) (a) The authority may acquire by eminent domain any real
19property, including fixtures and improvements, which it deems necessary to carry
20out the purposes of ss. 66.1201 to 66.1211 after the adoption by it of a resolution
21declaring that the acquisition of the property described in the resolution is in the

1public interest and necessary for public use. The authority may shall exercise the
2power of eminent domain pursuant to ch. 32 or pursuant to any other applicable
3statutory provisions
AB948,5 4Section 5. 66.1201 (10) (b) to (g) of the statutes are repealed.
AB948,6 5Section 6. 66.1311 (3) of the statutes is amended to read:
AB948,3,86 66.1311 (3) The provisions of ss. 66.1301 to 66.1329 with respect to the
7condemnation of real property by a city for a redevelopment corporation prevail over
8the provisions of any other law
are subject to the requirements in ch. 32.
AB948,7 9Section 7. 66.1313 (1) of the statutes is amended to read:
AB948,4,910 66.1313 (1) Condemnation proceedings for a redevelopment corporation shall
11be initiated by a petition to the city to institute proceedings to acquire for the
12redevelopment corporation any real property in the development area. The petition
13shall be granted or rejected by the local governing body, and the resolution or
14resolutions granting the petition shall require that the redevelopment corporation
15pay the city all sums expended or required to be expended by the city in the
16acquisition of the real property, or for any real property to be conveyed to the
17corporation by the city in connection with the plan, and the time of payment and
18manner of securing payment, and may require that the city receive, before
19proceeding with the acquisition of the real property, such assurances as to payment
20or reimbursement by the redevelopment corporation, or otherwise, as the city deems
21advisable. Upon the passage of a resolution by the local governing body granting the
22petition, the redevelopment corporation shall make 3 copies of surveys or maps of the
23real property described in the petition, one of which shall be filed in the office of the
24redevelopment corporation, one in the office of the city attorney of the city, and one
25in the office in which instruments affecting real property in the county are recorded.

1The filing of copies of surveys or maps constitutes acceptance by the redevelopment
2corporation of the terms and conditions contained in the resolution. The city may
3shall conduct condemnation proceedings either under ch. 32 or under other laws
4applicable to the city
. When title to real property vests in the city, it shall convey or
5lease the real property, with any other real property to be conveyed or leased to the
6redevelopment corporation by the city in connection with the redevelopment plan,
7to the redevelopment corporation upon payment by the redevelopment corporation
8of the sums and the giving of the security required by the resolution granting the
AB948,8 10Section 8. 66.1331 (4) (b) of the statutes is amended to read:
AB948,4,1311 66.1331 (4) (b) Condemnation proceedings for the acquisition of real property
12necessary or incidental to a redevelopment project shall be conducted in accordance
13with ch. 32 or any other laws applicable to the city.
AB948,9 14Section 9. 66.1333 (3) (f) of the statutes is amended to read:
AB948,4,2115 66.1333 (3) (f) An authority is an independent, separate and distinct public
16body and a body corporate and politic, exercising public powers determined to be
17necessary by the state to protect and promote the health, safety and morals of its
18residents, and may take title to real and personal property in its own name. The
19authority may shall proceed with the acquisition of property by eminent domain
20under ch. 32, or any other law relating specifically to eminent domain procedures of
21redevelopment authorities
AB948,10 22Section 10. 66.1333 (5) (b) 1. of the statutes is amended to read:
AB948,5,223 66.1333 (5) (b) 1. Condemnation proceedings for the acquisition of real property
24necessary or incidental to a redevelopment project shall be conducted in accordance

1with ch. 32, or any other law relating specifically to eminent domain procedures of
2redevelopment authorities
AB948,11 3Section 11. 66.1333 (5) (c) 1r. of the statutes is amended to read:
AB948,5,134 66.1333 (5) (c) 1r. Condemnation proceedings for the acquisition of blighted
5property shall be conducted under ch. 32 or under any other law relating specifically
6to eminent domain procedures of authorities
. The authority may hold, clear,
7construct, manage, improve or dispose of the blighted property, for the purpose of
8eliminating its status as blighted property. Notwithstanding sub. (9), the authority
9may dispose of the blighted property in any manner. The authority may assist
10private acquisition, improvement and development of blighted property for the
11purpose of eliminating its status as blighted property, and for that purpose the
12authority has all of the duties, rights, powers and privileges given to the authority
13under this section, as if it had acquired the blighted property.
AB948,12 14Section 12. 66.1337 (5) of the statutes is amended to read:
AB948,6,215 66.1337 (5) General powers conferred upon municipalities. The governing
16body of a municipality has all powers necessary and incidental to effect a program
17of urban renewal, including functions with respect to rehabilitation and
18conservation for the restoration and removal of blighted, deteriorated or
19deteriorating areas, and the local governing body may adopt resolutions or
20ordinances for the purpose of carrying out that program and the objectives and
21purposes of this section. In connection with the planning, undertaking and financing
22of the urban renewal program or projects, the governing body of any municipality
23and all public officers, agencies and bodies have all the rights, powers, privileges and
24immunities which they have with respect to a redevelopment project under s.

166.1331. The acquisition of property by condemnation is subject to the requirements
2in ch. 32.
AB948,13 3Section 13. Initial applicability.
AB948,6,54 (1) This act first applies to condemnation proceedings commenced on the
5effective date of this subsection.
AB948,6,66 (End)