32.01 Definitions. In this subchapter unless the context clearly requires otherwise:
(1g) “Business entity" has the meaning given in s. 13.62 (5).
(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.
(2) “Property" includes estates in lands, fixtures and personal property directly connected with lands.
History: 1973 c. 305; 1979 c. 175 s. 53; 1983 a. 27; 1983 a. 236 s. 12; 1999 a. 150 s. 672; 2005 a. 335; 2015 a. 55.
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 his or her will. Conversely, statutory provisions in favor of the owner, such as those which regulate the compensation to be paid to him or her, are to be afforded liberal construction. Standard Theatres, Inc. v. DOT, 118 Wis. 2d 730, 349 N.W.2d 661 (1984).
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).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
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.
32.19 - 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.
32.51 - Exercise of eminent domain.
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.
32.69 - Alternative financing by general obligation bonds, taxation or anticipation notes.