32.22 Special procedure for immediate condemnation.

1,188 words·~5 min read·/wi/chapter-32/32-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section, unless the context requires otherwise:

(a)“Blighted property” means any property which, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety or welfare.

(b)“Municipality” means a city, a village, a town, a housing authority created under ss. 66.1201 to 66.1211 , a redevelopment authority created under s. 66.1333 or a community development authority created under s. 66.1335 .

(c)“Owner” means any person holding record title in the property.

(d)“Residential” means used principally for dwelling purposes.

(2)Applicability. Any municipality may use the procedures in this section for the condemnation of blighted residential property, in lieu of the procedures in s. 32.06 . Any 1st class city may use the procedures in this section for the condemnation of blighted residential property, in lieu of the procedures in subch. II . The procedures in this section may only be used to acquire all of the property in a single parcel. Except as provided in sub.

(12), the procedures in this section may not be used by a municipality to acquire blighted residential property for any purpose which requires the razing of the residential building.

(3)Determination of necessity of taking. The necessity of taking shall be determined under s. 32.07 .

(4)Appraisal; information on blight; warrant.

1. The municipality shall prepare one or more appraisals of any blighted residential property proposed to be acquired under this section. In preparing any appraisal under this paragraph, the appraiser shall confer with the owner or the owner’s representative, if either can be located with reasonable diligence. The condemnor shall provide the owner with a full narrative appraisal upon which the petition under sub.

(5)is based and a copy of any other appraisal made under this paragraph and at the same time shall inform the owner of his or her right to obtain an appraisal under subd. 2.

2. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired. The owner may submit the reasonable costs of the appraisal to the condemnor for payment, along with a copy of the owner’s full narrative appraisal and evidence of the owner’s payment for the appraisal within 60 days after the petition is filed under sub.

(5). After receipt of the statement of appraisal costs, proof of payment and a copy of the appraisal, the municipality shall promptly reimburse the owner for the reasonable costs of the appraisal. The condemnor shall not be required to reimburse more than one owner under this subdivision for an appraisal relating to the condemnation under this section of any single parcel of real estate. If record title exists in more than one person, the person obtaining reimbursement under this subdivision shall provide a copy of the owner’s appraisal to each other person who is an owner, as defined in sub.

(c).

(b)Before submitting the petition under sub.

(5), the municipality shall ascertain that the property is blighted and shall note any other evidence of blight, such as unlocked doors, unlocked or broken windows and screens, lack of gas, electric or water service, absence of personal belongings in the building and any conditions which render the building untenantable.

(c)Prior to entry into any building proposed to be acquired under this section, the condemnor shall obtain a special condemnation warrant under this paragraph. To obtain a special condemnation warrant, the condemnor shall petition the circuit court for the county in which the property proposed to be acquired is located and shall mail a copy of the petition for a warrant under this paragraph by registered or certified mail to the owner’s last-known address if any. The court shall issue the warrant on the condemnor’s affidavit that the condemnor intends to condemn the property under this section; that the condemnor has mailed a copy of the petition for the warrant as required in this paragraph; and that an external inspection of the property indicates that it is blighted.

(5)Petition for condemnation proceedings.

(a)A municipality may present a verified petition to the circuit court for the county in which the property to be taken is located, for proceedings to take immediate possession of blighted residential property and for proceedings to determine the necessity of taking, where such determination is required. The compensation offered for the property shall accompany the petition.

(b)The petition shall:

1. Describe the property and interests sought to be acquired.

2. Name all owners of record of the property.

3. State the authority of the municipality to condemn the property.

4. Describe the facts which indicate that property is blighted.

5. Itemize the compensation offered for the property according to the items of damages under s. 32.09 .

6. Describe the condemnor’s plan to preserve the property pending rehabilitation.

7. Describe the condemnor’s plan to rehabilitate the property and return it to the housing market.

(6)Action on the petition.

(a)Immediately upon receipt of the petition, the circuit court shall examine the evidence presented by the municipality showing that the property is blighted. If the circuit court finds that the property is blighted, the court shall immediately direct the municipality to serve a copy of the petition and a notice on the owner under s. 801.12

(1), and to post a copy of the petition and notice on the main entrance to the residential building. The notice shall state that:

1. The owner may accept the compensation offered by filing a petition with the clerk of the court.

2. The owner may commence a court action to contest the right of condemnation as provided in sub.

(8)within 40 days from completion of service of process.

3. The owner may appeal for greater compensation without prejudice to the right to use the compensation given by the award under sub.

(10)within 2 years from the date of taking of the property.

4. Acceptance of the award is an absolute bar to an action to contest the right of condemnation under sub.

(8).

(b)If any owner is a minor or an individual adjudicated incompetent, a special guardian shall be appointed under s. 32.05

(4).

(7)Possession and protection of the property. Within one working day after the municipality files proof of service of the petition and notice under s. 801.12

(1), the court shall grant the municipality immediate possession of the property. After obtaining the right to possession of the property, the municipality may take any action necessary to protect the property. The municipality shall post a notice on the main entrance to the building directing any occupant of the property to contact the municipality for information on relocation assistance.