UW System Position on Bills Introduced in the Legislature During the 2005-2006 Session
Condemnation of Property
(Sherman). Prohibits the condemnation of property for any purpose not expressly authorized.
To Property Rights and Land Management
UW System Position
OPPOSE: The bill limits the Board’s broad powers to condemn property. There is a statute that provides specific enumerated purposes for condemnation. Section 36.11 (9) provides, “the board may acquire by condemnation proceedings under ch. 32 such parcels of land as it deems necessary for the use of any institution whenever the board is unable to agree with the owner upon the compensation therefore, or whenever the absence or legal incapacity of such owner, or other cause, prevents or unreasonably delays, such agreement.” The board has not abused its authority. The last time that the Board used its condemnation authority was when the UW-Madison campus southeast dorms were built in the 1960’s.