What if My Property isn’t Really Blighted?Ĭontroversy over blight isn’t new. Topics include: public policy behind condemnation procedural details costs and compensation parties’ rights remedial options for those affected by condemnation. This book, published by State Bar of Wisconsin PINNACLE ®, is most comprehensive resource available on the condemnation process, start to finish. Milwaukee, 12 decided shortly before Berman.Ĭondemnation Law and Practice in Wisconsin (2d ed. The Wisconsin Supreme Court reached the same conclusion in David Jeffrey Co. Supreme Court held that the taking of private property to remediate blight satisfied the public purpose requirement. 10Ĭourts have long upheld the taking of private property to remediate blight. 32,” the statutes that govern most exercises of eminent domain. Those proceedings are to be “conducted in accordance with ch.
#Blight definition destiny free#
Once a municipality completes the steps to declare a redevelopment area blighted under these statutes, the condemnor is free to start condemnation proceedings to acquire the properties. This broader definition includes areas or properties that are “predominantly open” and which “because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.” 9 8 To the extent those definitions conflict, it is not clear which definition would govern.īut the Foxconn area blight designation rests on another, broader definition of blight contained in the Blight Elimination and Slum Clearance law. chapter 32 contain a similar, but slightly different definition of blighted properties. Chapter 66 in the Blighted Area Law 5 and Blight Elimination and Slum Clearance Act, 6 as well as the Tax Increment Law, 7 which governs the creation of redevelopment and tax incremental financing districts. What is blight? Under Wisconsin law, blight generally refers to properties that are “substandard” or “deteriorated” and are detrimental to public health or safety. These include the scope of the redevelopment project, a legal description of the redevelopment area, the purpose of the condemnation, a finding that the property is blighted, and the reasons for that finding. If the condemnor intends to convey or lease blighted property to a private entity, the condemnor must also make certain written findings. 3 Under that statute, properties that are not blighted cannot be condemned if the condemnor intends to convey or lease the acquired property to a private entity. In the wake of Kelo, the Wisconsin Legislature enacted Wis.
Reach her by email or by phone at (608) 283-6763. She is one of the authors of recently published State Bar of Wisconsin PINNACLE ® book, Condemnation Law and Practice in Wisconsin (2d ed. Beachy is an eminent domain and commercial litigation attorney at Axley Brynelson LLP, Madison.
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