Can a municipality condemn property owned by a school district or a county?
It is not entirely clear but the answer appears to be “no.” The
attorney general has concluded in the past that municipalities lack the
ability to condemn property owned by school districts or counties.
Wisconsin statute section 32.03(1) provides that the “power of
condemnation conferred in this subchapter does not extend to property
owned by the state, a municipality, public board or commission.” The
attorney general has concluded that counties and school districts are
covered by this provision as either “municipalities” or “public boards.”
See 29 Op. Att’y Gen. 458, 463 (1948), 30 Op. Att’y Gen. 266 (1941), 47
Op. Att’y Gen. 270 (1958), and 62 Op. Att’y Gen. 64 (1972).