Matson v. Town of Caledonia

Plaintiffs concede that they have no right to maintain this action if the defendant railway company can acquire the land in question by condemnation. The railway company does not possess such power. The chapter of the statutes which confers the right to condemn provides that “the general power of condemnation conferred in this chapter does not extend to property owned by ... a municipality. ...” Sub. (1), sec. 32.03, Stats. The property here in question is owned by the municipality and is therefore not subject to condemnation.

All parties concede that the town possesses the power to acquire…