June 2011

2011 Senate Bill 83, which has been approved by the Senate Committee on Judiciary, Utilities, Commerce and Government Operations, would make significant changes to the current law relating to condemnation.

At this time, public entities may condemn private property for any public purpose.  The proposed legislation, however, would limit that power.  Condemnation of property would be allowed only if:  (1) The property would be owned, possessed or occupied for the enjoyment of a public agency or the general public; (2) The property is acquired for the establishment of a public utility; or (3) The acquisition is necessary to the elimination of blighted property.

The legislation significantly narrows the definition of "blighted property."

Continue Reading Possible Changes to Wisconsin Condemnation Law

It is common in exclusive real estate listing contracts for agents to include provisions regarding "Protected Buyers." Included in many standard Wisconsin listing contracts is a clause that a "Protected Buyer" includes a potential buyer who "negotiates directly with Seller by discussing the potential terms upon which the buyer might acquire an interest in the Property." Subject to…