Outdoor advertising signs that do not conform to local ordinances and that are affected by certain transportation-related projects; compensation for takings of signs, and appraisals upon which jurisdictional offers are b, the official text

2025 - 2026 LEGISLATURE
LRB-4857/1
EVM:cdc

2025 ASSEMBLY BILL 502
October 9, 2025 - Introduced by Representatives Goeben, O'Connor, Doyle, B. Jacobson, Kreibich, Melotik, Mursau, Penterman, Spiros, Murphy and Brill, cosponsored by Senators Feyen, Nass and Wanggaard. Referred to Committee on Transportation.

An Act to renumber and amend 32.05 (2) (b) and 84.30 (5r) (a); to amend 32.05 (3) (e), 84.30 (5r) (title), 84.30 (5r) (c), 84.30 (5r) (d) and 84.30 (8); to repeal and recreate 84.30 (5r) (b); to create 32.05 (2) (b) 2., 32.09 (6m), 84.30 (5r) (a) 1., 84.30 (5r) (a) 2., 84.30 (5r) (a) 3., 84.30 (5r) (a) 4., 84.30 (5r) (bs), 84.30 (5r) (cm), 84.30 (7) (c) and 84.30 (8m) of the statutes; relating to: outdoor advertising signs that do not conform to local ordinances and that are affected by certain transportation-related projects; compensation for takings of signs, and appraisals upon which jurisdictional offers are based.

Analysis by the Legislative Reference Bureau
This bill revises the standards governing the treatment of outdoor advertising signs that do not conform to local ordinances (nonconforming signs) and that are affected by certain transportation-related public projects, prohibits the use of the “unit rule” in the condemnation of signs, and limits the use of certain appraisals as the basis for a jurisdictional offer.
Under current law, if a highway project of the Department of Transportation causes the realignment of a nonconforming sign, the realignment does not affect the sign’s nonconforming status under the ordinance. “Realignment” is defined as relocation on the same site. Also under current law, if DOT proposes the realignment of a sign in connection with a highway project, DOT must notify the municipality or county that adopted the ordinance to which the nonconforming sign does not conform of the sign’s proposed realignment. The municipality or county may then petition DOT to condemn the sign instead of realigning the sign, but must pay DOT for certain costs of condemnation if DOT succeeds in condemning the sign.
This bill expands the types of projects covered and replaces the realignment provision with a repositioning provision. Under this bill, if a state or local transportation project for which DOT has allocated state or federal funds (covered project) causes the removal or reduces the visibility of a nonconforming sign, the sign’s nonconforming status under the ordinance is not affected if the sign is repositioned within the political subdivision in a manner approved by the political subdivision. Repositioning under the bill means raising, lowering, rotating, or adjusting the sign or moving the sign to another location. In general, the bill requires that the characteristics of a nonconforming sign be the same after repositioning as before repositioning. If a sign is repositioned, the agency undertaking the covered project must pay to the sign owner the actual replacement costs incurred by the sign owner in repositioning the sign. The bill requires that replacement costs be determined by using the moving cost agreement for the relocation of outdoor advertising signs.
Also under this bill, the agency that undertakes a covered project proposes the repositioning a nonconforming sign in connection with the project, that agency must notify the municipality or county that adopted the ordinance to which the sign does not conform of the sign’s proposed repositioning. The municipality or county may then petition the agency to condemn the sign instead of repositioning, but must pay the agency for certain costs of condemnation if the agency succeeds in condemning the sign.
This bill also prohibits the use of the “unit rule” in the condemnation of signs. In general, for properties owned by multiple parties, the “unit rule” limits the liability of a condemnor to the fair market value of the property taken, notwithstanding the potential loss in property value to the separate parties. This bill provides that, for signs, a condemnor must pay values for 1) the value of the sign and any lease related to the sign, 2) the loss in value to other signs of the owner caused by the removal of the sign, and 3) with regard to the owner of the real property on which the sign is located, the loss of the right to erect and maintain the sign. The bill specifically provides that these amounts are not limited to the fair market value of the property as an undivided whole.
This bill also prohibits a condemnor from using as an appraisal upon which a jurisdictional offer is based any appraisal in which the amount of the owner’s appraised loss is less than 85 percent or more than 115 percent of the amount of the owner’s loss provided in the jurisdictional offer.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 32.05 (2) (b) of the statutes is renumbered 32.05 (2) (b) 1. (intro.) and amended to read:
32.05 (2) (b) 1. (intro.) The condemnor shall provide the owner with a all of the following:
a. A full narrative appraisal upon which the jurisdictional offer is based and a.
b. A copy of any other appraisal made under par. (a) and at the same time shall inform the owner of his or her.
c. A notification of the right to obtain an appraisal under this paragraph subd. 3.
3. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired, and may submit the reasonable costs of the appraisal to the condemnor for payment. The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor’s appraisal. If the owner does not accept a negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use an appraisal prepared under this paragraph in any subsequent appeal.
Section 2. 32.05 (2) (b) 2. of the statutes is created to read:
32.05 (2) (b) 2. An appraisal in which the amount of the owner’s appraised loss is less than 85 percent or more than 115 percent of the amount of the owner’s
loss provided in the jurisdictional offer is not an appraisal upon which the jurisdictional offer is based within the meaning of subd. 1. a.
Section 3. 32.05 (3) (e) of the statutes is amended to read:
32.05 (3) (e) Stating that the appraisal or one of the appraisals of the property on which condemnor’s offer is based is available for inspection at a specified place by persons having an interest in the lands sought to be acquired. An appraisal in which the amount of the owner’s appraised loss is less than 85 percent or more than 115 percent of the amount of the owner’s loss provided in the jurisdictional offer is not an appraisal upon which the jurisdictional offer is based within the meaning of this paragraph.
Section 4. 32.09 (6m) of the statutes is created to read:
32.09 (6m) In the taking of a sign, as defined in s. 84.30 (2) (j), all of the following apply, regardless of whether the sign is considered a legally permitted sign or a nonconforming sign under s. 84.30:
(a) For a sign owned by someone other than the owner of the fee property, the compensation paid by the condemnor is not limited to the compensation for the undivided value of the property as a whole.
(b) The owners of the property interest taken shall be paid all of the following:
1. The value of the sign and any lease related to the sign.
2. Loss in value to other signs of the owner caused by the removal of the sign.
3. With regard to the owner of the real property on which the sign is located, the loss of the right to erect and maintain the sign.
(c) Compensation required under par. (b) shall be paid to the person entitled thereto. The just compensation payable under par. (b) 1. and 2. shall be paid
directly to the owner of such removed sign and the just compensation payable under par. (b) 3. shall be paid directly to the owner of the real property on which the sign is located. If the condemnor and the owner reach agreement on the amount of compensation payable to such owner in respect to any removal or relocation, the condemnor may pay such compensation to the owner and thereby require or terminate the owner’s rights or interests by purchase. If the condemnor and the owner do not reach agreement as to such amount of compensation, the condemnor or owner may institute an action to have such compensation determined under s. 32.05.
(d) If the condemnor and the owner do not reach agreement as to such amount of compensation, the condemnor and one or more owners may institute an action to have such compensation determined under s. 32.05. Notwithstanding the language included in s. 32.05, separate appeals may be filed and maintained under that section in relation to the compensation payable under par. (b). A successful owner litigant under this subsection shall be entitled to recover litigation expenses provided that the owner satisfies the requirements of s. 32.28 (3).
Section 5. 84.30 (5r) (title) of the statutes is amended to read:
84.30 (5r) (title) Signs nonconforming under local ordinances that are realigned because of state affected by certain highway projects.
Section 6. 84.30 (5r) (a) of the statutes is renumbered 84.30 (5r) (a) (intro.) and amended to read:
84.30 (5r) (a) (intro.) In this subsection, “realignment” means relocation on the same site.:
Section 7. 84.30 (5r) (a) 1. of the statutes is created to read:

84.30 (5r) (a) 1. “Covered project” means a highway project undertaken by the department or a political subdivision for which the department has allocated state or federal funds.
Section 8. 84.30 (5r) (a) 2. of the statutes is created to read:
84.30 (5r) (a) 2. “Lead agency” means the department, for a highway project undertaken by the department, or the political subdivision, for a highway project undertaken by a political subdivision.
Section 9. 84.30 (5r) (a) 3. of the statutes is created to read:
84.30 (5r) (a) 3. “Political subdivision” means a city, village, town, or county.
Section 10. 84.30 (5r) (a) 4. of the statutes is created to read:
84.30 (5r) (a) 4. “Reposition” means to raise, lower, rotate, or adjust or to move to another location.
Section 11. 84.30 (5r) (b) of the statutes is repealed and recreated to read:
84.30 (5r) (b) If a sign does not conform to an ordinance of a political subdivision and a covered project causes the removal of the sign or reduces the visibility of the sign, the sign’s nonconforming status under the ordinance is not affected if the sign is repositioned in the political subdivision in any manner approved by the political subdivision.
Section 12. 84.30 (5r) (bs) of the statutes is created to read:
84.30 (5r) (bs) All of the following apply to a sign that is repositioned under this subsection:
1. The size of the sign face and the number of sign faces on the sign after repositioning shall be the same as on the sign before repositioning.

2. a. The height of the sign after repositioning may be different than the height of the sign before repositioning, but only to the extent necessary to provide substantially the same view of the sign from the roadway from which motorists are intended to view the sign as it existed before the covered project.
b. If the height of a sign is increased due to a covered project and the impact of the covered project on the sign terminates upon the completion of the covered project, a political subdivision may require a sign owner to reduce the height of a sign to its original height after the covered project is completed.
c. This section does not prohibit a political subdivision from requiring that a repositioned sign comply with an ordinance that establishes a maximum height of the sign.
3. Except as provided in subds. 1. and 2., the characteristics of the sign after repositioning shall be the same as the characteristics of the sign before repositioning.