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AB502: Text as Enrolled
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Date of enactment:
2025 Assembly Bill 502
Date of publication*:
2025 WISCONSIN ACT
An Act
to renumber and amend
32.05 (2) (b) and 84.30 (5r) (a);
to amend
32.05 (3) (e), 84.30 (5r) (title), 84.30 (5r) (c), 84.30 (5r) (d) and 84.30 (8);
to repeal and recreate
84.30 (5r) (b);
to create
32.05 (2) (b) 2., 32.09 (6m), 84.30 (5r) (a) 1., 84.30 (5r) (a) 2., 84.30 (5r) (a) 3., 84.30 (5r) (a) 4., 84.30 (5r) (bs), 84.30 (5r) (cm), 84.30 (7) (c) and 84.30 (8m) of the statutes;
relating to:
outdoor advertising signs that do not conform to local ordinances and that are affected by certain transportation-related projects; compensation for takings of signs, and appraisals upon which jurisdictional offers are based.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB502,1
Section
1
.
32.05 (2) (b) of the statutes is renumbered 32.05 (2) (b) 1. (intro.) and amended to read:
32.05
(2)
(b) 1. (intro.) The condemnor shall provide the owner with
a
all of the following:
a. A
full narrative appraisal upon which the jurisdictional offer is based
and a
.
b. A
copy of any other appraisal made under par. (a)
and at the same time shall inform the owner of his or her
.
c. A notification of the
right to obtain an appraisal under
this paragraph
subd. 3
.
3.
The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired, and may submit the reasonable costs of the appraisal to the condemnor for payment. The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor’s appraisal. If the owner does not accept a negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use an appraisal prepared under this paragraph in any subsequent appeal.
AB502,2
Section
2
.
32.05 (2) (b) 2. of the statutes is created to read:
32.05
(2)
(b) 2. An appraisal in which the amount of the owner’s appraised loss is less than 85 percent or more than 115 percent of the amount of the owner’s loss provided in the jurisdictional offer is not an appraisal upon which the jurisdictional offer is based within the meaning of subd. 1. a.
AB502,3
Section
3
.
32.05 (3) (e) of the statutes is amended to read:
32.05
(3)
(e) Stating that the appraisal or one of the appraisals of the property on which condemnor’s offer is based is available for inspection at a specified place by persons having an interest in the lands sought to be acquired.
An appraisal in which the amount of the owner’s appraised loss is less than 85 percent or more than 115 percent of the amount of the owner’s loss provided in the jurisdictional offer is not an appraisal upon which the jurisdictional offer is based within the meaning of this paragraph.
AB502,4
Section
4
.
32.09 (6m) of the statutes is created to read:
32.09
(6m)
In the taking of a sign, as defined in s. 84.30 (2) (j), all of the following apply, regardless of whether the sign is considered a legally permitted sign or a nonconforming sign under s. 84.30:
(a) For a sign owned by someone other than the owner of the fee property, the compensation paid by the condemnor is not limited to the compensation for the undivided value of the property as a whole.
(b) The owners of the property interest taken shall be paid all of the following:
1. The value of the sign and any lease related to the sign.
2. Loss in value to other signs of the owner caused by the removal of the sign.
3. With regard to the owner of the real property on which the sign is located, the loss of the right to erect and maintain the sign.
(c) Compensation required under par. (b) shall be paid to the person entitled thereto. The just compensation payable under par. (b) 1. and 2. shall be paid directly to the owner of such removed sign and the just compensation payable under par. (b) 3. shall be paid directly to the owner of the real property on which the sign is located. If the condemnor and the owner reach agreement on the amount of compensation payable to such owner in respect to any removal or relocation, the condemnor may pay such compensation to the owner and thereby require or terminate the owner’s rights or interests by purchase. If the condemnor and the owner do not reach agreement as to such amount of compensation, the condemnor or owner may institute an action to have such compensation determined under s. 32.05.
(d) If the condemnor and the owner do not reach agreement as to such amount of compensation, the condemnor and one or more owners may institute an action to have such compensation determined under s. 32.05. Notwithstanding the language included in s. 32.05, separate appeals may be filed and maintained under that section in relation to the compensation payable under par. (b). A successful owner litigant under this subsection shall be entitled to recover litigation expenses provided that the owner satisfies the requirements of s. 32.28 (3).
AB502,5
Section
5
.
84.30 (5r) (title) of the statutes is amended to read:
84.30
(5r)
(title)
Signs nonconforming under local ordinances that are
realigned because of state
affected by certain
highway projects.
AB502,6
Section
6
.
84.30 (5r) (a) of the statutes is renumbered 84.30 (5r) (a) (intro.) and amended to read:
84.30
(5r)
(a) (intro.) In this subsection
, “realignment” means relocation on the same site.
:
AB502,7
Section
7
.
84.30 (5r) (a) 1. of the statutes is created to read:
84.30
(5r)
(a) 1. “Covered project” means a highway project undertaken by the department or a political subdivision for which the department has allocated state or federal funds.
AB502,8
Section
8
.
84.30 (5r) (a) 2. of the statutes is created to read:
84.30
(5r)
(a) 2. “Lead agency” means the department, for a highway project undertaken by the department, or the political subdivision, for a highway project undertaken by a political subdivision.
AB502,9
Section
9
.
84.30 (5r) (a) 3. of the statutes is created to read:
84.30
(5r)
(a) 3. “Political subdivision” means a city, village, town, or county.
AB502,10
Section
10
.
84.30 (5r) (a) 4. of the statutes is created to read:
84.30
(5r)
(a) 4. “Reposition” means to raise, lower, rotate, or adjust or to move to another location.
AB502,11
Section
11
.
84.30 (5r) (b) of the statutes is repealed and recreated to read:
84.30
(5r)
(b) If a sign does not conform to an ordinance of a political subdivision and a covered project causes the removal of the sign or reduces the visibility of the sign, the sign’s nonconforming status under the ordinance is not affected if the sign is repositioned in the political subdivision in any manner approved by the political subdivision.
AB502,12
Section
12
.
84.30 (5r) (bs) of the statutes is created to read:
84.30
(5r)
(bs) All of the following apply to a sign that is repositioned under this subsection:
1. The size of the sign face and the number of sign faces on the sign after repositioning shall be the same as on the sign before repositioning.
2. a. The height of the sign after repositioning may be different than the height of the sign before repositioning, but only to the extent necessary to provide substantially the same view of the sign from the roadway from which motorists are intended to view the sign as it existed before the covered project.
b. If the height of a sign is increased due to a covered project and the impact of the covered project on the sign terminates upon the completion of the covered project, a political subdivision may require a sign owner to reduce the height of a sign to its original height after the covered project is completed.
c. This section does not prohibit a political subdivision from requiring that a repositioned sign comply with an ordinance that establishes a maximum height of the sign.
3. Except as provided in subds. 1. and 2., the characteristics of the sign after repositioning shall be the same as the characteristics of the sign before repositioning.
4. No sign may be repositioned such that the sign does not conform to this section.
AB502,13
Section
13
.
84.30 (5r) (c) of the statutes is amended to read:
84.30
(5r)
(c) If in connection with a
highway
covered
project
of the department the department
the lead agency
proposes the
realignment
repositioning
of a sign that does not conform to a local ordinance
and the sign owner elects to reposition the sign
, the
department
lead agency
shall notify the governing body of the
municipality or county
political subdivision
where the sign is located and
which adopted
that enacted
the ordinance of the sign’s proposed
realignment
repositioning
. Upon receiving this notice, the governing body may petition the
department
lead agency
to acquire the sign and any real property interest of the sign owner. If the
department
lead agency
succeeds in condemning the sign, the governing body that made the petition to the
department
lead agency
shall pay to the
department
lead agency
an amount equal to the condemnation award, less relocation costs for the sign that would have been paid by the
department
lead agency
if the sign had been
realigned
repositioned
rather than condemned. Notwithstanding s. 86.30 (2) (a) 1. and (b) 1., 1g., and 1r., if the governing body fails to pay this amount
and the amount is owed to the department
, the department may reduce the
municipality’s or county’s
political subdivision’s
general transportation aid payment under s. 86.30 by an equal amount.
This paragraph does not apply if the lead agency is the political subdivision that enacted the ordinance to which the sign does not conform.
AB502,14
Section
14
.
84.30 (5r) (cm) of the statutes is created to read:
84.30
(5r)
(cm) If a sign is repositioned under this subsection, the lead agency shall pay to the sign owner the actual replacement costs incurred by the sign owner in repositioning the sign except that no payment may be made under this paragraph for a sign that is condemned. Replacement costs under this paragraph shall be determined using the moving cost agreement for the relocation of outdoor advertising signs.
AB502,15
Section
15
.
84.30 (5r) (d) of the statutes is amended to read:
84.30
(5r)
(d) This subsection does not
permit the alteration or movement of
apply to
a sign that is nonconforming under this section.
AB502,16
Section
16
.
84.30 (7) (c) of the statutes is created to read:
84.30
(7)
(c) 1.
In this paragraph, “the unit rule” means a common law eminent domain principle providing that when the property condemned is held by multiple owners, the condemnor provides compensation by paying the value of an undivided interest in the property rather than by paying the value of each owner’s partial interest. Under the unit rule, the condemnor determines the fair market value as if only one person owned the property. Once that value is determined, the condemnor makes a single payment that is then apportioned among multiple owners.
2. The unit rule may not be used by appraisers determining the appropriate compensation payable under this subsection and sub. (6).
AB502,17
Section
17
.
84.30 (8) of the statutes is amended to read:
84.30
(8)
Agreed price.
Compensation required under subs. (6) and (7) shall be paid to the person entitled thereto.
The just compensation payable under sub. (7) (a) shall be paid directly to the owner of such removed sign and the just compensation payable under sub. (7) (b) shall be paid directly to the owner of the real property on which the sign is located.
If the department and the owner reach agreement on the amount of compensation payable to such owner in respect to any removal or relocation, the department may pay such compensation to the owner and thereby require or terminate the owner’s rights or interests by purchase.
If the department and the owner do not reach agreement as to such amount of compensation, the department or owner may institute an action to have such compensation determined under s. 32.05.
AB502,18
Section
18
.
84.30 (8m) of the statutes is created to read:
84.30
(8m)
Right to appeal.
If the department and the owner do not reach agreement as to such amount of compensation, the department or one or more owners may institute an action to have such compensation determined under s. 32.05. Notwithstanding the language included in s. 32.05, separate appeals may be filed and maintained under that section in relation to the compensation payable under sub. (7) (a) and (b). A successful litigant under this subsection shall be entitled to recover litigation expenses provided that the owner satisfies the requirements of s. 32.28 (3).
AB502,19
Section
19
. Initial applicability.
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