Eminent domain authority is established in the Wisconsin Constitution under Article 1, Section 13. This allows private property to be taken by the state or local governments, so long as the property is taken for a public use, and the owner is justly compensated. Wisconsin law further establishes a detailed process of property appraisal, negotiations, payment, and contesting the use of eminent domain. While Sierra Club opposes the use of eminent domain for private gain (as is the case with international oil pipeline companies using it to take land for their fossil fuel infrastructure), we support eminent domain when it is used to benefit the public (as is the case with bike paths, sidewalks and many other types of publicly accessible infrastructure).
In 2017, Act 59 of Wisconsin’s budget bill amended Wisconsin’s statutes to prohibit the use of eminent domain to establish or extend recreational trails, bicycle ways, bicycle lanes, or pedestrian ways. This change is proving very detrimental to entities seeking to improve transportation options for their constituents.
Bike and pedestrian lanes and paths encourage people to get out and be active. Improved cardiovascular health, decreased stress levels, and stronger bones are just some of the many benefits of getting active through a simple walk or bike ride.
Additionally, many people use bike and pedestrian lanes and paths for transportation. Even those who don’t use them benefit from robust bike and pedestrian travel options. Removing just 1% of the cars from the road during peak travel times reduces travel times for those who still choose to drive by a whopping 18%!
Wisconsin’s current eminent domain statute is holding up more than twenty projects across the state that would improve recreation and transportation options. Millions of federal dollars are being left unspent while our health and the health of the planet are at stake.
We need to mobilize and work together to restore the rights of eminent domain for recreational trails, bicycle lanes, and bicycle and pedestrian ways.
Want to volunteer? Contact Katie at kathryn.hogan@sierraclub.org
By Mackenzie Christman, Chapter Project Aide, and James Davies, Chapter Transportation Team member.
Photo credit yooperann.