Eminent Domain FAQ 1

Can a municipality condemn land located outside of its boundaries?

Yes. Municipal governing bodies are expressly authorized to acquire property by purchase or condemnation “within or outside” the municipality for certain specified public purposes such as parks, water systems, sewage systems, airports and cemeteries. See Wis. Stat. §§ 62.22(1) (cities) and 61.34(3), (3m) (villages). Municipalities may acquire, but cannot condemn, property either within or outside the municipality for industrial sites. Id. Additionally, municipalities may not condemn property for the purpose of establishing or extending a recreational trail, a bicycle way or lane, or a pedestrian way. Id. Any condemnation action shall be as provided by Wis. Stat. Ch. 32. Id. (rev. 1/20)