32.195 Expenses incidental to transfer of property. In addition to amounts otherwise authorized by this subchapter, the condemnor shall reimburse the owner of real property acquired for a project for all reasonable and necessary expenses incurred for:
(1) Recording fees, transfer taxes and similar expenses incidental to conveying such property.
(2) Penalty costs for prepayment of any mortgage entered into in good faith encumbering such real property if the mortgage is recorded or has been filed for recording as provided by law prior to the date specified in s. 32.19 (4) (a) 2.
(3) The proportional share of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the condemnor or the effective date of possession of such real property by the condemnor, whichever is earlier.
(4) The cost of realigning personal property on the same site in partial takings or where realignment is required by reason of elimination or restriction of existing used rights of access.
(5) Expenses incurred for plans and specifications specifically designed for the property taken and which are of no value elsewhere because of the taking.
(6) Reasonable net rental losses when all of the following are true:
(a) The losses are directly attributable to the public improvement project.
(b) The losses are shown to exceed the normal rental or vacancy experience for similar properties in the area.
(7) Cost of fencing reasonably necessary pursuant to s. 32.09 (6) (g) shall, when incurred, be payable in the manner described in s. 32.20.
History: 1973 c. 192 ss. 4, 6; 1979 c. 110 s. 60 (10); 1983 a. 236 s. 12; 1995 a. 225.
An owner who is legally liable for expenses incurred for plans relating to condemned property is entitled to reimbursement under sub. (5). Shepherd Legan Aldrian Ltd. v. Village of Shorewood, 182 Wis. 2d 472, 513 N.W.2d 686 (Ct. App. 1994).
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.