Various changes to the eminent domain laws

(a) The possession, occupation, and ownership of the property by a public agency for the enjoyment of the public agency or the general public.

(b) The establishment or operation of a public utility.

(c) The elimination of blighted property.

2. Current law provides that, in general, property that is not blighted may not be condemned if the condemnor intends to convey the property to a private entity.

This bill narrows the meaning of "blighted property," thus expanding the scope of the prohibition. The bill also requires a condemnor who intends to convey property to a private entity to make additional written findings before commencing the condemnation. The condemnor must find that the property has been cited for one or more violations of state or local building codes, that the violations have not been remedied despite at least two notices to do so, and that the cost of remedying the violations is equal to more than one-half the assessed value of the property, excluding the value of the land.

3. Currently, a municipality may use a special procedure to condemn blighted residential property. The special procedure allows such condemnations to occur more quickly. This bill eliminates the special procedure and also requires that all condemnations by a housing authority, redevelopment authority, or community development authority be conducted using the regular procedure.

4. The bill specifies that whenever a property owner wishes to contest the right of a condemnor to condemn his or her property in court, the owner's failure to raise specific objections before receiving the condemnor's jurisdictional offer does not preclude the owner's claim. The bill provides that in an action to contest the right of a condemnor to condemn the owner's property, if the condemnor's intent is to eliminate blight, the condemnor must prove by a preponderance of the evidence that the owner's property is blighted property.

5. Currently, in most condemnation proceedings, the condemnor determines the necessity of the taking. In certain instances involving public utilities, the Public Service Commission (PSC) must issue a certificate of public convenience and necessity, which constitutes the determination of the necessity of the taking. This bill provides that in all cases except those in which a certificate of public convenience and necessity suffices, a judge must determine the necessity of the taking, which must be established by a preponderance of the evidence. The bill also provides that the determination by the PSC of the necessity of taking an undeveloped water power site is conclusive only if it is not arbitrary or unreasonable.

6. Current law allows a first class city (currently, only the city of Milwaukee) to use an alternative procedure to condemn property. Current law requires that the laws governing the alternative procedure be liberally construed "to provide the city with the largest possible power." This bill requires that the laws governing the alternative procedure be strictly construed.

7. The bill narrows the definition of "blighted area" and "blighted property" for condemnations conducted by redevelopment authorities and eliminates the provision requiring that the grant of eminent domain authority to redevelopment authorities and the procedures governing such condemnations be liberally construed.