State Codes and Statutes

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32.035

32.035 Agricultural impact statement.

32.035(1)

(1) Definitions. In this section:

32.035(1)(a)

(a) "Department" means department of agriculture, trade and consumer protection.

32.035(1)(b)

(b) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural commodities resulting from an agricultural use, as defined in s. 91.01 (2), for sale and home use, and customarily producing the commodities in sufficient quantity to be capable of contributing materially to the operator's support.

32.035(2)

(2) Exception. This section shall not apply if an environmental impact statement under s. 1.11 is prepared for the proposed project and if the department submits the information required under this section as part of such statement or if the condemnation is for an easement for the purpose of constructing or operating an electric transmission line, except a high voltage transmission line as defined in s. 196.491 (1) (f).

32.035(3)

(3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources, the notice required by this subsection shall be given at the time that permission of the senate and assembly committees on natural resources is sought under s. 23.09 (2) (d) or 27.01 (2) (a). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.

32.035(4)

(4) Impact statement.

32.035(4)(a)

(a) When an impact statement is required; permitted. The department shall prepare an agricultural impact statement for each project, except a project under ch. 82 or a project located entirely within the boundaries of a city or village, if the project involves the actual or potential exercise of the powers of eminent domain and if any interest in more than 5 acres of any farm operation may be taken. The department may prepare an agricultural impact statement on a project located entirely within the boundaries of a city, village, or town or involving any interest in 5 or fewer acres of any farm operation if the condemnation would have a significant effect on any farm operation as a whole.

32.035(4)(b)

(b) Contents. The agricultural impact statement shall include:

32.035(4)(b)1.

1. A list of the acreage and description of all land lost to agricultural production and all other land with reduced productive capacity, whether or not the land is taken.

32.035(4)(b)2.

2. The department's analyses, conclusions and recommendations concerning the agricultural impact of the project.

32.035(4)(c)

(c) Preparation time; publication. The department shall prepare the impact statement within 60 days of receiving the information requested from the condemnor under sub. (3). The department shall publish the statement upon receipt of the fee required under sub. (3).

32.035(4)(d)

(d) Waiting period. The condemnor may not negotiate with an owner or make a jurisdictional offer under this subchapter until 30 days after the impact statement is published.

32.035(5)

(5) Publication. Upon completing the impact statement, the department shall distribute the impact statement to the following:

32.035(5)(a)

(a) The governor's office.

32.035(5)(b)

(b) The senate and assembly committees on agriculture and transportation.

32.035(5)(c)

(c) All local and regional units of government which have jurisdiction over the area affected by the project. The department shall request that each unit post the statement at the place normally used for public notice.

32.035(5)(d)

(d) Local and regional news media in the area affected.

32.035(5)(e)

(e) Public libraries in the area affected.

32.035(5)(f)

(f) Any individual, group, club or committee which has demonstrated an interest and has requested receipt of such information.

32.035(5)(g)

(g) The condemnor.

32.035 - ANNOT.

History: 1977 c. 440; 1979 c. 34; 1983 a. 236 s. 12; 1985 a. 140; 1987 a. 175; 2003 a. 214; 2009 a. 28.

32.035 - ANNOT.

NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.