Wisconsin Statutes
Wis. Stat. § 32.07 (2026)
Necessity, determination of
✓ current as of July 2026
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32.07(1)(1) A certificate of public convenience and necessity issued under s. 196.491 (3) shall constitute the determination of the necessity of the taking for any lands or interests described in the certificate.
32.07(2)(2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.
32.07(4)(4) The determination of the public service commission of the necessity of taking any undeveloped water power site made pursuant to s. 32.03 (3) shall be conclusive.
32.07 HistoryHistory: 1973 c. 305; 1975 c. 68; 1979 c. 175 s. 53; 1981 c. 346; 1983 a. 27; 1985 a. 187; 1993 a. 134, 263; 1997 a. 184, 204; 1999 a. 65; 1999 a. 150 s. 672; 2009 a. 28; 2011 a. 32.
32.07 AnnotationA public utility need only show that the property sought to be condemned is reasonably necessary, reasonably requisite, and proper for the accomplishment of the desired public purpose. Falkner v. Northern States Power Co., 75 Wis. 2d 116, 248 N.W.2d 885 (1977).
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1927–2025 · leading case: Scott N. Waller v. Am. Transmission Co., LLC, 2013 WI 77 (Wis. 2013).
Scott N. Waller v. Am. Transmission Co., LLC, 2013 WI 77 (Wis. 2013). “¶60 Most condemnations under Wis. Stat. § 32.06 require a determination of the "necessity of taking.”
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “20 4 Thompson on Real Property, § 32.07(e) (David A. Thomas ed., 3d ed. 2004).”
Falkner v. N. States Power Co., 248 N.W.2d 885 (Wis. 1977). “32 an intent to inhibit the owner’s right to judicial review of condemnations in cases where the determination of necessity is assigned to the judge under sec. 32.07, Stats. Nor do we believe that the legislature intended the scope of review available under sec.”
Grunwald v. Cmty. Dev. Auth. of the City of West Allis, 551 N.W.2d 36 (Wis. Ct. App. 1996). “STANDARD OF REVIEW The determination of the necessity of exercising the power of eminent domain to take private lands *480 pursuant to § 66.”
Vill. of Shorewood v. Steinberg, 496 N.W.2d 57 (Wis. 1993). “See sec. 32.07(2), Stats. Shorewood obtained two appraisals of Parcel C.”
Joyce v. Sch. Dist. of Hudson, 487 N.W.2d 41 (Wis. Ct. App. 1992). “The Hudson School District appeals an order concluding that it does not have the power to make its own determination of necessity in a condemnation *614 proceeding under sec. 32.07, Stats. The school district argues that the trial court erred because sec.”
City of Madison v. Tiedeman, 83 N.W.2d 694 (Wis. 1957). “Sec. 32.07, Stats., specifically provides as follows: “Necessity, determination of.”
In Re Vill. of Oconomowoc Lake, 72 N.W.2d 544 (Wis. 1955). “(1) of sec. 32.07, Stats.) and where the proceeding is adversary in character.”
Vandervelde v. City of Green Lake, 240 N.W.2d 399 (Wis. 1976). “2, Wisconsin Constitution; sec. 32.07, Stats. Also, sec. 32.05 (1), Stats.”
State ex rel. City of Milwaukee v. Circuit Court for Milwaukee Cnty., 88 N.W.2d 339 (Wis. 1958). “It may be argued that a city, acting through its common council, ought to have the right to determine for itself the necessity of taking for purposes of a redevelopment project under the Blighted Area Law without having to have such necessity of taking also passed upon by a jury.”
Watson v. Town of Three Lakes, 290 N.W.2d 520 (Wis. Ct. App. 1980). “Section 32.07(2), Stats. Falkner v. Northern States Power Co.”
Klemm v. Am. Transmission Co., 2010 WI App 131 (Wis. Ct. App. 2010). “" However, pursuant to Wis. Stat. § 32.07 (1), a necessity determination is unnecessary in the case of high-voltage transmission lines because a certificate of public convenience and necessity will have been issued.”
— Wis. Stat. § 32.07(1) — 1 case
JT Props. of Mt Horeb, LLC v. Am. Transmission Co. LLC (Wis. Ct. App. 2025).
— Wis. Stat. § 32.07(2) — 6 cases
Vill. of Shorewood v. Steinberg, 496 N.W.2d 57 (Wis. 1993). “See sec. 32.07(2), Stats. Shorewood obtained two appraisals of Parcel C.”
Grunwald v. Cmty. Dev. Auth. of the City of West Allis, 551 N.W.2d 36 (Wis. Ct. App. 1996). “STANDARD OF REVIEW The determination of the necessity of exercising the power of eminent domain to take private lands *480 pursuant to § 66.”
Falkner v. N. States Power Co., 248 N.W.2d 885 (Wis. 1977). “32 an intent to inhibit the owner’s right to judicial review of condemnations in cases where the determination of necessity is assigned to the judge under sec. 32.07, Stats. Nor do we believe that the legislature intended the scope of review available under sec.”
Joyce v. Sch. Dist. of Hudson, 487 N.W.2d 41 (Wis. Ct. App. 1992). “The Hudson School District appeals an order concluding that it does not have the power to make its own determination of necessity in a condemnation *614 proceeding under sec. 32.07, Stats. The school district argues that the trial court erred because sec.”
Watson v. Town of Three Lakes, 290 N.W.2d 520 (Wis. Ct. App. 1980). “Section 32.07(2), Stats. Falkner v. Northern States Power Co.”
— Wis. Stat. § 32.07(3) — 3 cases
Grunwald v. Cmty. Dev. Auth. of the City of West Allis, 551 N.W.2d 36 (Wis. Ct. App. 1996). “STANDARD OF REVIEW The determination of the necessity of exercising the power of eminent domain to take private lands *480 pursuant to § 66.”
Joyce v. Sch. Dist. of Hudson, 487 N.W.2d 41 (Wis. Ct. App. 1992). “The Hudson School District appeals an order concluding that it does not have the power to make its own determination of necessity in a condemnation *614 proceeding under sec. 32.07, Stats. The school district argues that the trial court erred because sec.”
Vill. of Shorewood v. Steinberg, 480 N.W.2d 780 (Wis. Ct. App. 1992).
— Wis. Stat. § 32.07(e) — 1 case
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “20 4 Thompson on Real Property, § 32.07(e) (David A. Thomas ed., 3d ed. 2004).”
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