Legislation that would place stronger checks on the University of Wisconsin System’s use of eminent domain has apparently stalled in committee.
Rep. Amy Sue Vruwink, D-Milladore, introduced the legislation last fall, after which it was sent to the Committee on State Affairs and Homeland Security in November. A public hearing was held in mid-December, at which the UW System Board of Regents and Brothers Bar & Grill were both present.
The eminent domain law recently came under scrutiny after the Board of Regents condemned Brothers’ property at the corner of University Avenue and Lake Street.
“The Board of Regents strongly opposes arbitrary limitations imposed on the UW System’s statutory condemnation authority,” the UW System’s website states.
It further states the legislation hinders the university’s ability to fulfill its mission. It adds the legislation may expose taxpayers, students and donors to unnecessary financial risk.
The bill, however, would offer proprietors the security of public oversight over appointed Board of Regents officials. Eric Fortney, co-owner of Brothers, said he wishes his establishment had had that opportunity.
Brothers sits on the university’s intended site for a new UW Music School building. Brothers sued the Board of Regents last fall alleging unfair condemnation procedures.
“This legislation is something we very much support,” Fortney said. “But it’s not retroactive, it will not help Brothers.”
Fortney questioned the Board of Regents’ opposition to the bill. He cited that condemnation powers are exercised rarely, thus there should be little problem with oversight.
“Such extraordinarily high hurdles extend far beyond mere oversight,” said Regent Jeffrey Bartell when he spoke on the bill in December.
Bartell noted condemnation powers work as a safety net to protect the university and allow it to negotiate a fair market price on property. He also argued against the bill’s singling out of the university, as many entities hold similar condemnation power.
“It guarantees that future property purchases will come at a significantly higher cost or be blocked altogether,” UW System spokesperson David Giroux said.
Fortney stressed the importance of oversight of the appointed Board of Regents by elected officials. The Joint Finance Committee would represent the public’s voice.
“Most of the other entities hold public hearings to get feedback on the necessity of the condemnation,” Fortney said.
The bill would allow property owners further protection with the proposed three-quarters approval needed from the Joint Finance Committee after a hearing regarding plans, a timeline and the necessity of imposing condemnation powers from the university, Fortney said.
“Call me old fashioned, I don’t think the state’s ability to take private property away should be allowed, period,” Fortney said.
The bill remains in committee and will not be acted upon unless a vote is called for. The legislative session ends next month.
“[The legislation] won’t help Brothers, but at least it can help others in the future,” Fortney said.
