Wisconsin Statutes
Wis. Stat. § 83.07 (2026)
Acquisition of lands, quarries, gravel pits; relocation; eminent domain
✓ current as of July 2026
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83.07(1)(1) The county highway committee or town board may acquire any lands or interest therein needed to carry out the provisions of this chapter. Whenever the county highway committee or town board is unable to acquire the same by purchase at a reasonable price such property may be acquired by condemnation under ch. 32.
83.07(1a)(1a) The county highway committee or town board may purchase or accept donations of remnants of tracts or parcels of land remaining at the time or after it has acquired portions of the tracts or parcels by purchase or condemnation where in the judgment of the county highway committee or town board the acquisition of the remnant would assist in rendering just compensation to a landowner, a part of whose lands have been taken for highway purposes, and would serve to minimize the overall cost of the taking by the public.
83.07(2)(2) In case the county highway committee or town board deems it desirable to acquire any lands or the right to take stone, gravel, clay or other material, from private lands for use in the execution of the committee’s or board’s duty, or to acquire the right of access to any lands, or the right of drainage across any lands, the committee or board may purchase or condemn such lands or right and take title thereto in the name of the county or town, and the cost thereof shall be paid out of the highway improvement funds.
83.07(3)(3) When lands are acquired under this section to relocate or straighten any highway or to provide easier curves at highway intersections, and tracts not more than 2 acres in area remain separated from the main body of land from which they are acquired, the county highway committee or town board may, if it deems the acquisition of such minor tracts advisable or necessary to beautify the highway or to protect public travel, acquire such minor tracts in the name of the county or the town. Tracts in excess of 2 acres of like character may be acquired by agreement.
Notes of Decisions
Cited in 9
cases, 1926–1959 · leading case: Heidersdorf v. State, 92 N.W.2d 217 (Wis. 1958).
Heidersdorf v. State, 92 N.W.2d 217 (Wis. 1958). “” Sec. 83.07, Stats., authorizes county highway committees and town boards to condemn lands for highway purposes, and the wording of such statute frequently refers to the public authorities therein given such right of eminent domain as the “committee or board.”
Carisch v. Cnty. High. Comm., 257 N.W. 11 (Wis. 1934). “08 (2), which provides that‘if “needed lands cannot be acquired by contract for a reasonable price, the county highway committee shall acquire the same either by condemnation proceedings in the manner provided by chapter 32 *377 of the statutes or by section 83.07, or shall make…”
High. Comm. of Jefferson Cnty. v. Guist, 292 N.W. 226 (Wis. 1940). “They contend that, because the area of the land as to which the appellant instituted the condemnation proceedings in the manner provided by sec. 83.07, Stats., *21 exceeds two acres, the procedure under sub.”
Muscoda Bridge Co. v. Worden-Allen Co., 219 N.W. 428 (Wis. 1928). “(3), sec. 83.07, Stats., to wit: “(3) In case the committee or board is unable to acquire such land or right by contract the committee or board may acquire the same in the name of the county or town, as the case may be, by the exercise of the right of eminent domain, as provided…”
Webster v. Frawley, 55 N.W.2d 523 (Wis. 1952). “1949, authorizes *397 and prescribes means and methods for the acquisition of lands or interests therein by the state for highway purposes; to wit, "If any of the needed lands or interests therein cannot be purchased expeditiously for a reasonable price, the committee may…”
Bosshard v. Hotchkiss, 207 N.W. 695 (Wis. 1926). ““(2) If for any reason the needed lands cannot be acquired by contract, the county highway committee shall acquire the same by condemnation proceedings in the manner provided by chapter 32 of the statutes or by section 83.07. “(3) Section 80.03 shall not apply to the proceedings…”
State High. Comm'n v. Grant, 96 N.W.2d 346 (Wis. 1959). “The land acquisition board of the city of Janesville is merely acting for the State Highway Commission pursuant to statutory authority and by its direction. It is apparent that Cronin’s second objective is to secure a separate determination of his rights and a separate award for…”
Knutson v. Rock Cnty., 297 N.W. 355 (Wis. 1941). “, or by sec. 83.07, Stats., or shall make an award of damages to the landowner, and upon approval by the state highway commission shall file the same with the county clerk.”
Ullrich v. Kenosha Cnty., 261 N.W. 747 (Wis. 1935). “Such lands and any other needed lands may be acquired by the county in the *74 manner provided by section 83.07 or section 83.08 or by chapter 32.”
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