An Act to amend 84.09 (5) (c) 1., 84.09 (5) (c) 2. (intro.), 84.09 (5) (c) 2. a., 84.09 (5) (c) 2m. (intro.), 84.09 (5) (c) 2m. a., 84.09 (5) (c) 2m. b. and 84.09 (5) (c) 3. of the statutes; Relating to: surplus property held by the Department of Transportation. (FE)
SB984 would change Wisconsin law governing how the Department of Transportation disposes of surplus property that is no longer needed for transportation purposes. Under current law, DOT must first notify certain public entities—such as the county, municipality, local school district, and the Department of Natural Resources—before selling surplus land, and those entities may acquire the property for public use under specified conditions. This bill would add federally recognized American Indian tribes and bands to that notification and acquisition process when the surplus parcel is located within or near a reservation or a Bureau of Indian Affairs service area.
The bill also extends the same purchase opportunities to tribes and bands that currently exist for counties, municipalities, school districts, and DNR. If a tribe or band expresses interest and submits a qualifying public-use plan, DOT would have to offer the property at appraised value, or in some transportation or infrastructure cases, at a price below appraised value. The transfer would remain contingent on the identified public use and the property would stay with the public entity preserving that use.
SB984 would amend Wis. Stat. s. 84.09(5)(c) to expand the list of entities that must be notified about surplus DOT land and that may acquire such land before a public sale. The practical effect is to give federally recognized American Indian tribes and bands a formal role in the surplus-property disposition process for parcels tied to their reservations or BIA service areas, and to place them on similar footing with local governments and DNR for public-use acquisitions. The bill could affect DOT land-sale procedures, tribal governments, local governments, and potential purchasers of surplus transportation property.
The available record shows no committee transcript or recorded votes, so there is no documented debate or roll-call sentiment to summarize. Based on the bill text, the measure appears to be framed as a targeted procedural expansion rather than a controversial policy overhaul, and it was introduced with bipartisan-style sponsorship from senators and representatives. However, the bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating it did not advance to enactment.
The main policy issue is whether federally recognized American Indian tribes and bands should receive the same advance notice and acquisition opportunity as counties, municipalities, school districts, and DNR when surplus DOT land is located within or near tribal lands or service areas. Supporters would likely view the bill as improving tribal consultation, local control, and opportunities for public use of surplus land. Potential concerns could involve administrative complexity for DOT, the scope of parcels covered by the new notice requirement, and whether expanding the list of eligible entities could affect the timing or marketability of surplus property sales. No specific opposing arguments are documented in the provided materials.