§ 70-56. Assessment of condemnation benefits.

As a complete alternative to any other method provided by law, for the purpose of payment of the expenses, including the excess of damages and all other expenses and costs, incurred for the taking of private property for the purpose set forth in Wis. Stats. §§ 32.02(1), 61.34(3) and 62.22, the common council may, by resolution, levy and assess the whole or any part of the expenses, as a special assessment upon the property that the council determines is specially benefited by the taking. The common council shall include in the levy the whole or any part of the excess of benefits over total damages, if any, and make a list of every lot or parcel of land assessed, the name of the owner, if known, and the amount levied on the property.

(1)

The resolution creating such an assessment shall be published as a class 2 notice, under similar provision of Wis. Stats. ch. 985, with a notice that at the time and place stated the common council will meet and hear objections to the assessment. If the resolution levies an assessment against property outside the corporate limits, notice shall be given by mailing a copy of the resolution and the notice by registered mail to the last known address of the owner of the property. A copy of the resolution shall be filed with the clerk of the town in which the property is located.

(2)

At the time fixed, the council shall meet and hear objections, and for that purpose may adjourn to a date set by the common council, until the hearing is completed, and shall by resolution confirm or modify the assessment in whole or in part. At any time before the first day of the next November, any party liable may pay the assessment to the clerk-treasurer. On November 1, if the assessment remains unpaid, the clerk-treasurer shall make a certified statement showing what assessments under this section remain unpaid, and file the statement with the clerk/treasurer, who shall place the unpaid assessments on the tax roll for collection.

(3)

If the amount of special assessments payable by a township affected by subsection (1) of this section is insufficient to pay all damages or excess of damages over benefits awarded, the difference shall be paid by the city. Damages or excess of damages over benefits may be paid out of the fund before the collection of the special assessments and reimbursed when collected.

(Ord. of 12-26-2003)

State law reference

Similar provisions, Wis. Stats. § 66.0725.