ALTERNATE EMINENT DOMAIN
PROCEDURES IN 1ST CLASS CITIES
32.5032.50 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 HistoryHistory: 1983 a. 236. 32.5132.51 Exercise of eminent domain. 32.51(1)(1) Purposes. In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, 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. 32.51(2)(2) Levying assessments. Any city may levy assessments on property benefited to finance improvements under this subchapter. 32.5232.52 Board of assessment. 32.52(1)(1) Creation. There is created a board, to which the mayor shall appoint 5 members with the appointments confirmed by the common council. If the common council rejects any appointment, the mayor shall submit a new appointment within 30 days. 32.52(2)(2) Terms. The terms of the first 5 members of the board are staggered at 1, 2, 3, 4 and 5 years, each term commencing on January 1 of the year of the appointment. Subsequent appointments occur annually in December to succeed the member whose term expires the following January 1. The term of each subsequent appointment is 5 years, commencing on January 1 following the appointment. 32.52(3)(3) Qualifications of members. One member shall have a general understanding of real estate values in the city and shall be a real estate broker licensed under s. 452.12 with at least 5 years’ experience. One member shall be a civil engineer and have a general understanding of building and construction costs. Three members shall own real property in the city. All members shall be residents and electors of the city. 32.52(4)(4) Organization. The board shall elect a chairperson to preside over all meetings of the board. The common council shall determine the compensation of each board member and of permanent employees of the board and may increase the compensation provided to full-time board members. The board shall determine the compensation of temporary employees. Permanent or temporary technical advisers and experts of the board are not classified under s. 63.23, but all other clerks and employees of the board are classified under s. 63.23. 32.52(5)(5) Budget process. The board shall annually prepare a budget for its operation on or before September 1. The common council may levy an annual tax to support the board’s operations. If the common council appropriates funds to the board, the board may draw from the funds only upon written order signed by a board member and the city comptroller. 32.52 HistoryHistory: 1983 a. 236. 32.5332.53 Resolution of necessity. If the common council proposes any public improvement involving the acquisition of private property or the use of public property, it shall pass a resolution by a three-fourths vote of the entire membership of the common council declaring the need to acquire or use certain property for a specified purpose. The common council shall state in its resolution the general nature of the proposed improvement and require the board to submit a report and tentative plan of the proposed improvement to the common council for its approval. The board may require the city engineer to submit to the board a detailed map and description of the property necessary for the proposed improvement plus adjacent property and other surveys, maps, descriptions of property or estimates of cost the board needs to prepare the report and tentative plan. 32.53 HistoryHistory: 1983 a. 236. 32.5432.54 Report and tentative plan of improvement.