The University of Wisconsin Board of Regents’ ability to condemn and acquire properties for state use under eminent domain could be restricted by a recently proposed bill.
According to the bill, introduced Nov. 24, the board would need to seek the approval of the Joint Finance Committee before acquiring any property by condemnation.
They would have to provide notice to the finance committee including an explanation of the project, its public importance, the schedule for construction and funding details.
In addition, the finance committee would be responsible for holding public hearings on the condemnation. The board would then be required to offer written answers to any questions from the finance committee and the public.
Garnering approval from the finance committee would require a three-fourths majority roll call vote and the board would then be required to submit periodic updates on any project.
This proposed bill comes at a time when the owners of local establishment Brothers Bar & Grill are suing the Board of Regents for alleged unfair condemnation practices of their property on University Avenue where the UW plans to build to a School of Music facility.
After the Board of Regents was granted eminent domain, which allows government bodies to obtain private property without the permission of the owner, UW bought the property next to Brothers at 728 University Ave. Brothers eventually accepted a $2.1 million jurisdictional offer from UW before filing suit in October.
According to a statement released Tuesday by the owners of Brothers, the suit was filed against the board because they allege it reneged on a sale agreement reached with UW officials that would have covered both the land and business relocation costs.
The lawsuit itself centers on what they call an unfair acquisition process of the property that was initiated for a project Brothers says does not meet the standards of “imminence and public need.”
Brothers supported the current bill in the statement because, if passed, the bill would affect how the current lawsuit would proceed.
“We applaud Rep. (Amy) Vruwink, (D-Milladore), for her efforts to shine a light on this important issue and create an opportunity for citizen input to change a system that is not only arbitrary, but lacking in public accountability,” co-owner Marc Fortney said in the statement. “While we support Wisconsin’s need for a strong system of higher education, we believe the institution’s strength should be directed towards academic excellence rather than pushing aside the property rights of local employers.”
UW System spokesperson David Giroux previously told The Badger Herald the timeline for the procedure has been in place for a while.
He said the concern regarding a lack of a full plan for the building relates to a “chicken and an egg” problem, where the UW needs acquire the property in order to proceed with the plans.
Giroux was unavailable for further comment as of press time.