The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-12-25
WIDENING LAW
AN AID TO CITY
Condemnation Proceedings
Help Cities in Widen
ing Projects.
OF INTEREST HERE

Kenosha, as one of the cities in the
states where large street widening
programs are being carried out, is
very much interested in widening pro-
jects being carried on elsewhere. In
Milwaukee where several streets are
being widened much the same as
Sheriden road is being widened in Ke-
nosha, attention has been called to
the excess condemnation clause in
state laws authorizing to- take of such
purposes more land than is actually
necessary and reselling whatever is
not used.
This process, commonly called ex-
cess condemnation is contained in an
amendment to the constitution of Wis
consin adopted by vote of the peo-
pie of the state in 1914. The vote on
the amendment was 154,945 to 1892.
Under the provision it is proposed to
use excess condemnation in the widen
ing Of Cedar Biddle streets.
This amendment, which is section
ga of article XXI of the constitution,
reads thus:
"The state or any of its cities may
acquire by gift, purchase, or condem-
nation lands for establishing laying
out, widening, enlarging, extending
and maintaining memorial grounds,
streets, squares, parkways. boulevards,
parks, Fairgrounds, sites for public
buildings, and reservations in and
about and along and leading to any or
all of the same; and after the estab-
lishment, layout, and completion of
such improvements, may convey any
such real estate thus acquired and not
necessary for such improvements, with
reservations concerning the future use
and occupation Of such real estate, SO
improvements, and their environs, and
to preserve the view, appearance, light,
air and usefulness of such public
works"
Law Provides Bond Issue.
Authority for issuing bonds for the
vision of the state constitution is con-
tanned in section 67.04, Sr, of the re-
vised statutes of Wisconsin, which
empowers amy city of the first class,
however incorporated" to borrow
money and ito issue bonds therefor"
The provision reads thus:
"For the purpose Of widening
streets, creating boulevards and park
ways, and to establish civic, and NUM-
cipal centers, Fairgrounds and reser-
vations in and about and along and
leading to any or all of the same, and
after the establishment, layout and
1aks ArafS a
convey any such real estate thus Ac-
quired and not necessary for such i'm
provements, with reservations for the
future use and occupation of such real
estate, SO as to protect such public
works and their environments and
preserve the view, appearance, light,
air and usefulness Of such public
works. Such bonds shall be retired in
the manner provided by law for the
retiring Of municipal bonds"
The above is the provision under
which the bonds for the widening OF
Cedar and Biddle streets were issued.
Other Acts Are Cited.
Authority for the assessments made
against property for a portion Of the
cost Of the Cedar Biddle street widen
ing and allied projects is contained in
chapter 1928, Ia, which makes this
provision:
"The expense of acquiring, estab-
fishing, laying out, widening, enlarg-
ing, extending paving, repaving and
improving streets, arterial highways,
pathways, boulevards, m m or a |
grounds, squares, parks and play
grounds, and erecting bridges under
any plan adopted by the common
council, pursuant to this section or
section Pill, including the cost Of all
lands and improvements thereon
which it is necessary to acquire to
carry out such plan, whether acquired
by direct purchase or lease, or
through condemnation, and also in
GLIDING the cost of constructing any
bridge, viaduct or other improvement
which is a part Of the plan adopted
by the common council, may be as
sessed, in whole or in part, to the real
estate benefited thereby, in the same
manner in which under existing law
in such city benefits and damages are
assessable for improvements of
streets. Whenever plans are adopted
which are supplementary to each
other the common council may by
ordinance combine such plans into a
single plan within the meaning of this
section"