Legal Specialist Explain why 'Blight' is not Right

August 23rd, 2010

GreenfieldNOW

A national eminent-domain law firm says there is at least one thing the state Legislature should consider if it wants to prevent more related controversies from appearing in Wisconsin.

Dan Biersdorf, of Minnesota-based Biersdorf and Associates, said legislators should make it easier for property owners to issue a court challenge whenever a municipality determines "blight," a key step in the eminent domain process.

The decisions of municipal governmental bodies fall into two categories - legislative and quasi-judicial, Biersdorf said. "Legislative" means elected officials are acting as legislators and passing laws. In a quasi-judicial role, municipal authorities are acting as a fact-finding body, like a court.

That means property owners have little recourse in fighting a blight determination, Biersdorf said.

But when local governments act in a quasi-judicial capacity, the courts apply a much closer scrutiny.

If local blight determinations were a quasi-judicial decision, it would be a "huge step in bending this abuse" of blight, Biersdorf said.

"Property owners aren't getting a fair shake in the courts," he said.

Blight designations are seen as a key step in the process to for a municipality to acquire properties through eminent domain for the purpose of redevelopment by a third party.

After recent eminent domain controversies in Greenfield and Oak Creek, state Sen. Mary Lazich said last week she will introduce legislation clarifying state laws on eminent domain and the term "blight."

Not only do property owners need to be protected, but local governments also need better options, she said.

"Wisconsin private citizens and local government officials all deserve to have clear laws that protect their rights and interests," she said.

Biersdorf, who has talked to a few Loomis Road property owners, said Wisconsin's blight statute is actually "a little bit better than most states."

He also supported a stipulation in Wisconsin's law that allows property owners to recover costs and attorneys fees from the condemning authority.

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