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LRB-1431/2
EKL:cdc
2019 - 2020 LEGISLATURE
June 3, 2019 - Introduced by Representatives Brooks, Jagler and Skowronski,
cosponsored by Senator Tiffany. Referred to Committee on Local
Government.
AB256,1,3 1An Act to amend 32.19 (4m) (a) (intro.) and 32.19 (4m) (b) 1. of the statutes;
2relating to: limiting condemnation payments made by a county or a
3redevelopment or community development authority.
Analysis by the Legislative Reference Bureau
This bill caps the amount of additional payments required under the eminent
domain law to persons who are displaced from a business or farm operation when the
condemnor is a county, redevelopment authority, or community development
authority.
Under current law, a property owner or tenant who is displaced from a business
or farm operation and purchases or rents a comparable business or farm operation
may be entitled to a payment for certain costs from the condemnor. If the condemnor
is a village, town, or city, the payment to a property owner is capped at $100,000 and
the payment to a tenant is capped at $80,000. The bill applies these caps to payments
when the condemnor is a county, redevelopment authority, or community
development authority.
For further information see the 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:
AB256,1
1Section 1. 32.19 (4m) (a) (intro.) of the statutes is amended to read:
AB256,2,202 32.19 (4m) (a) Owner-occupied business or farm operation. (intro.) In addition
3to amounts otherwise authorized by this subchapter, the condemnor shall make a
4payment to any owner displaced person who has owned and occupied the business
5operation, or owned the farm operation, for not less than one year prior to the
6initiation of negotiations for the acquisition of the real property on which the
7business or farm operation lies, and who actually purchases a comparable
8replacement business or farm operation for the acquired property within 2 years
9after the date the person vacates the acquired property or receives payment from the
10condemnor, whichever is later. An owner displaced person who has owned and
11occupied the business operation, or owned the farm operation, for not less than one
12year prior to the initiation of negotiations for the acquisition of the real property on
13which the business or farm operation lies may elect to receive the payment under par.
14(b) 1. in lieu of the payment under this paragraph, but the amount of payment under
15par. (b) 1. to such an owner displaced person may not exceed the amount the owner
16displaced person is eligible to receive under this paragraph. If the condemnor is a
17county, village, town, or city, a redevelopment authority created under s. 66.1333, or
18a community development authority created under s. 66.1335,
the payment by the
19condemnor under this paragraph may not exceed $100,000. The additional payment
20under this paragraph shall include the following amounts:
AB256,2 21Section 2. 32.19 (4m) (b) 1. of the statutes is amended to read:
AB256,3,822 32.19 (4m) (b) 1. The amount that is necessary to lease or rent a comparable
23replacement business or farm operation for a period of 4 years, plus any reasonable
24project costs incurred or to be incurred by the tenant displaced person. If the
25condemnor is a county, village, town, or city, a redevelopment authority created

1under s. 66.1333, or a community development authority created under s. 66.1335,

2the amount paid under this subdivision may not exceed $80,000. The rental payment
3shall be computed by determining the average monthly rent paid for the property
4from which the person was displaced for the 12 months prior to the initiation of
5negotiations or, if displacement is not a direct result of acquisition, such other event
6as determined by the department of administration and the monthly rent of a
7comparable replacement business or farm operation, and multiplying the difference
8by 48; or
AB256,3 9Section 3 . Initial applicability.
AB256,3,1210 (1) This act first applies to condemnation proceedings in which title to the
11subject property has not yet vested in the condemnor on the effective date of this
12subsection.
AB256,3,1313 (End)
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