Wisconsin Statutes
Wis. Stat. § 32.01 (2026)
Definitions
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
32.01(1r)(1r) “Person” includes the state, a county, town, village, city, school district or other municipal corporation, a board, commission, including a commission created by contract under s. 66.0301, corporation, or housing authority created under ss. 66.1201 to 66.1211 or redevelopment authority created under s. 66.1333 or the Wisconsin Aerospace Authority created under s. 114.61.
32.01(2)(2) “Property” includes estates in lands, fixtures and personal property directly connected with lands.
32.01 HistoryHistory: 1973 c. 305; 1979 c. 175 s. 53; 1983 a. 27; 1983 a. 236 s. 12; 1999 a. 150 s. 672; 2005 a. 335; 2015 a. 55.
32.01 AnnotationThe rule of strict construction should be applied to a condemnor’s power and to the exercise of this power. This is because the exercise of the power of eminent domain has been characterized as an extraordinary power, and the rule of strict construction is intended to benefit the owner whose property is taken against the owner’s will. Conversely, statutory provisions in favor of the owner, such as those that regulate the compensation to be paid to the owner, are to be afforded liberal construction. Standard Theatres, Inc. v. DOT, 118 Wis. 2d 730, 349 N.W.2d 661 (1984).
32.01 AnnotationThe statutes governing condemnation action procedures are in derogation of the common law and therefore are to be strictly construed. Accordingly, strict adherence to the statute is required. Likewise, engrafting onto the statute things it does not require is forbidden. City of Racine v. Bassinger, 163 Wis. 2d 1029, 473 N.W.2d 526 (Ct. App. 1991).
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1992–2021 · leading case: State Dep't of Transp. v. Peterson, 594 N.W.2d 765 (Wis. 1999).
State Dep't of Transp. v. Peterson, 594 N.W.2d 765 (Wis. 1999). “6 As the initial language of Wis. Stat. § 32.01 indicates, the enumerated definition of "person" applies "unless the context clearly requires otherwise.”
United Am., LLC v. Wisconsin Dep't of Transp., 2021 WI 44 (Wis. 2021). “¶12 Although the legislature did not define "lands," its definition of "property" in Wis. Stat. § 32.01 (2) indicates that "lands" constitutes some smaller subset of "property.”
State Dep't of Transp. v. Peterson, 581 N.W.2d 539 (Wis. Ct. App. 1998). “"Person" is defined in § 32.01(1), Stats., as "the state, a county, town, village, city .”
Christus Lutheran Church of Appleton v. Wisconsin Dep't of Transp., 2021 WI 30 (Wis. 2021). “'"15 It then relates that the definition of "property" found in Wis. Stat. § 32.01 (2) does not include the word, "damages," even though "property" as defined in § 32.”
Dairyland Fuels, Inc. v. State, 2000 WI App 129 (Wis. Ct. App. 2000). “05(9)(a) is defined in Wis. Stat. § 32.01 (1) as "the state," among other entities, but not as a state agency.”
Vivid, Inc. v. Fiedler, 497 N.W.2d 153 (Wis. Ct. App. 1993). “" Section 32.01, Stats., provides: "In this subchapter [General Eminent Domain] *150 unless the context clearly requires otherwise: .”
City of Milwaukee Post No. 2874 Vets. of Foreign Wars of the United States v. Redevelopment Auth. of Milwaukee, 2009 WI 84 (Wis. 2009). “See Wis. Stat. § 32.01 (2) and § 32.05(9)(a)l.”
E-L Enter., Inc. v. Milwaukee Metro. Sewerage Dist., 2009 WI App 15 (Wis. Ct. App. 2008). “" Wis. Stat. § 32.01 (2). ¶ 23. The trial court used the six-year statute of limitations that applies to actions seeking to recover for damage to "real property.”
Koskey v. Town of Bergen, 2000 WI App 140 (Wis. Ct. App. 2000). “§ 32.01, and the owners are the Koskeys. But the Town already exercised its power of condemnation.”
Outagamie Cnty. v. Town of Greenville, 2000 WI App 65 (Wis. Ct. App. 2000). “05(9) was defined in § 32.01 as "the state" and not as any particular department of the state.”
Joyce v. Sch. Dist. of Hudson, 487 N.W.2d 41 (Wis. Ct. App. 1992). “See sec. 32.01, Stats. This separate enumeration of boards and school districts as entities empowered to condemn properties, and as "persons" within the purview of the eminent domain laws indicates that "boards" is not a term that encompasses school districts.”
Weber v. Dodge Cnty. Plan. & Dev. Dep't, 604 N.W.2d 297 (Wis. Ct. App. 1999). “" Section 32.01, STATS. The appellants in Peterson argued that the statute was ambiguous at best and that because it did not specifically include state agencies or departments in the definition of "per *227 son," it should be liberally interpreted to allow service on the…”
— Wis. Stat. § 32.01(1) — 1 case
State Dep't of Transp. v. Peterson, 581 N.W.2d 539 (Wis. Ct. App. 1998). “"Person" is defined in § 32.01(1), Stats., as "the state, a county, town, village, city .”
— Wis. Stat. § 32.01(2) — 4 cases
United Am., LLC v. Wisconsin Dep't of Transp., 2021 WI 44 (Wis. 2021). “¶12 Although the legislature did not define "lands," its definition of "property" in Wis. Stat. § 32.01 (2) indicates that "lands" constitutes some smaller subset of "property.”
Christus Lutheran Church of Appleton v. Wisconsin Dep't of Transp., 2021 WI 30 (Wis. 2021). “'"15 It then relates that the definition of "property" found in Wis. Stat. § 32.01 (2) does not include the word, "damages," even though "property" as defined in § 32.”
Vivid, Inc. v. Fiedler, 497 N.W.2d 153 (Wis. Ct. App. 1993). “" Section 32.01, Stats., provides: "In this subchapter [General Eminent Domain] *150 unless the context clearly requires otherwise: .”
Island Camping, Inc. v. Wisconsin Dep't of Transp. (Wis. Ct. App. 2021).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.