Wisconsin Statutes 292.26 – Civil immunity; local governmental units
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Terms Used In Wisconsin Statutes 292.26
- 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.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) In this section, “local governmental unit” has the meaning given in s. 292.11 (9) (e) 1.
(2) Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous substance on or from property formerly owned or controlled by the local governmental unit if the property is no longer owned by the local governmental unit at the time that the discharge is discovered and if any of the following applies:
(a) The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.
(b) The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in par. (a).
(c) The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.
(d) The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.
(3) Subsection (2) does not apply with respect to a discharge of a hazardous substance caused by an activity conducted by the local governmental unit while the local governmental unit owned or controlled the property.