Wisconsin Statutes > Chapter 32 – Eminent domain

		Sections
Subchapter I	General Eminent Domain	32.01 – 32.29
Subchapter II	Alternate Eminent Domainprocedures in 1St Class Cities	32.50 – 32.72

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Terms Used In Wisconsin Statutes > Chapter 32 - Eminent domain

Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
Adult family home: means one of the following and does not include a place that is specified in sub. See Wisconsin Statutes 50.01
Affected commodity: means any agricultural commodity for which the production, marketing, processing, handling, sale or distribution of is included under the terms of a marketing order or marketing agreement or a proposed marketing order or marketing agreement. See Wisconsin Statutes 96.01
Affected producer or handler: means any producer or handler of an affected commodity, except that it does not include a producer or handler not assenting to a marketing agreement. See Wisconsin Statutes 96.01
Agricultural commodity: means any agricultural, horticultural (excepting floricultural), viticultural, vegetable, poultry, and livestock products produced in this state, including for use as a bioenergy feedstock, including milk and milk products, bees and honey, or any class, variety or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, but not including timber and wood products, except timber and wood products used as a bioenergy feedstock. See Wisconsin Statutes 96.01
Allegation: something that someone says happened.
Amortization: Paying off a loan by regular installments.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Assent: means a signed statement of affected producers or handlers consenting to the terms of a marketing agreement. See Wisconsin Statutes 96.01
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Basic care: includes periodic skilled nursing services or physical, emotional, social or restorative care. See Wisconsin Statutes 50.01
Bioenergy feedstock: means biomass used to produce energy, including transportation fuel, heat, or electricity. See Wisconsin Statutes 96.01
Board: means the board of veterans affairs. See Wisconsin Statutes 45.01
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community-based residential facility: means a place where 5 or more adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care reside and receive care, treatment or services that are above the level of room and board but that include no more than 3 hours of nursing care per week per resident. See Wisconsin Statutes 50.01
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of transportation. See Wisconsin Statutes 84.001
Dependent: A person dependent for support upon another.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Division of hearings and appeals: means the division of hearings and appeals in the department of administration. See Wisconsin Statutes 84.001
Donee: The recipient of a gift.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Facility: means a nursing home or community-based residential facility. See Wisconsin Statutes 50.01
Fiduciary: A trustee, executor, or administrator.
Fire department: includes a department under…. See Wisconsin Statutes 990.01
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Freeway: means a highway with full control of access and with all crossroads separated in grade from the pavements for through traffic. See Wisconsin Statutes 990.01
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Handler: means any person engaged in the business of distributing or placing an agricultural commodity in commercial channels, or any person engaged in the business of processing an agricultural commodity. See Wisconsin Statutes 96.01
Heretofore: means any time previous to the day on which the statute containing it takes effect; "hereafter" means the time after the statute containing such word takes effect. See Wisconsin Statutes 990.01
Home health agency: has the meaning given under…. See Wisconsin Statutes 50.01
homestead: means the dwelling and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, but not less than one-fourth acre, if available, and not exceeding 40 acres. See Wisconsin Statutes 990.01
Immediate jeopardy: means a situation in which a nursing home's noncompliance with one or more requirements under Wisconsin Statutes 50.01
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intensive skilled nursing care: means care requiring specialized nursing assessment skills and the performance of specific services and procedures that are complex because of the resident's condition or the type or number of procedures that are necessary, including any of the following:

(a) Direct patient observation or monitoring or performance of complex nursing procedures by registered nurses or licensed practical nurses on a continuing basis. See Wisconsin Statutes 50.01

Intermediate level nursing care: means basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau. See Wisconsin Statutes 50.01

Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.

Licensed practical nurse: means a licensed practical nurse who is licensed or has a temporary permit under…. See Wisconsin Statutes 50.01

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Marketing agreement: means an agreement entered into by the secretary under this chapter. See Wisconsin Statutes 96.01

Marketing order: means an order issued by the secretary under this chapter. See Wisconsin Statutes 96.01

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Nonmarital child: means a child who is neither conceived nor born while his or her parents are lawfully intermarried, who is not adopted and whose parents do not subsequently intermarry under…. See Wisconsin Statutes 990.01

Nursing care: means nursing procedures, other than personal care, that are permitted to be performed by a registered nurse under…. See Wisconsin Statutes 50.01

Nursing home: means a place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services. See Wisconsin Statutes 50.01

Nursing home administrator: has the meaning assigned in…. See Wisconsin Statutes 50.01

Operator: means any person licensed or required to be licensed under…. See Wisconsin Statutes 50.01

Personal care: means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care. See Wisconsin Statutes 50.01

Personal property: includes money, goods, chattels, things in action, evidences of debt and energy. See Wisconsin Statutes 990.01

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

Plan of correction: means a nursing home's response to alleged deficiencies cited by the department on forms provided by the department. See Wisconsin Statutes 50.01

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Producer: means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity. See Wisconsin Statutes 96.01

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

railroad company: include any person managing, maintaining, operating or in possession of a railroad, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver. See Wisconsin Statutes 990.01

real property: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recuperative care: means care anticipated to be provided in a nursing home for a period of 90 days or less for a resident whose physician has certified that he or she is convalescing or recuperating from an illness or medical treatment. See Wisconsin Statutes 50.01

Referendum: means any voting procedure under which affected producers or handlers may, by secret ballot, vote for or against the issuance, amendment or termination of a marketing order. See Wisconsin Statutes 96.01

Registered nurse: means a registered nurse who is licensed under…. See Wisconsin Statutes 50.01

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Resident: means a person who is cared for or treated in and is not discharged from a nursing home, community-based residential facility or adult family home, irrespective of how admitted. See Wisconsin Statutes 50.01

Residential care apartment complex: means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. See Wisconsin Statutes 50.01

Respite care: means care anticipated to be provided in a nursing home for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiving duties. See Wisconsin Statutes 50.01

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Secretary: means the secretary of transportation. See Wisconsin Statutes 84.001

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Short-term care: means recuperative care or respite care provided in a nursing home. See Wisconsin Statutes 50.01

Skilled nursing services: means those services, to which all of the following apply, that are provided to a resident under a physician's orders:

(a) The services require the skills of and are provided directly by or under the supervision of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse. See Wisconsin Statutes 50.01

stove: means a cooking appliance that is a microwave oven of at least 1,000 watts or that consists of burners and an oven. See Wisconsin Statutes 50.01

Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01

Uphold: The decision of an appellate court not to reverse a lower court decision.

Verdict: The decision of a petit jury or a judge.

Violation: means a failure to comply with any provision of this subchapter or administrative rule promulgated thereunder. See Wisconsin Statutes 50.01

Vote: means to cast a ballot in a referendum or an election. See Wisconsin Statutes 96.01