If the defendant is entitled to have the lands described in the complaint or any part thereof condemned for public use, the defendant shall set forth the facts and the purpose for which the lands are required. If no proceedings for condemnation have been instituted and the defendant is authorized to condemn such lands and intends to condemn, the court may stay proceedings until the defendant can, with due diligence, institute and complete condemnation proceedings; if the plaintiff is entitled to judgment, the plaintiff shall have costs.
843.08.Defense; condemnation; how pleaded.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 843.08 lets a defendant with condemnation authority over the disputed land plead that defense by setting out the facts and purpose, and lets the court stay the case so the defendant can pursue condemnation, while awarding the plaintiff costs if the plaintiff is entitled to judgment.
Full Text of Section 843.08
Plain-English Summary
Section 843.08 addresses a defendant who has the power to condemn the land the plaintiff is trying to recover. If the defendant is entitled to have the land, or part of it, condemned for public use, the defendant must set forth the facts supporting that entitlement and the purpose for which the land is needed — a bare assertion of condemnation power is not enough.
If no condemnation proceeding has been started, and the defendant is authorized to condemn and intends to do so, the court may stay the possession case. That stay gives the defendant time to institute and complete condemnation proceedings with due diligence, rather than forcing the defendant to lose the land in the possession action before condemnation can catch up.
The section balances that accommodation with a protection for the plaintiff: if the plaintiff is entitled to judgment, the plaintiff recovers costs, even though the underlying possession dispute may be resolved through the defendant’s condemnation power rather than a straight win or loss on possession.
Frequently Asked Questions
If I am sued for possession but I have authority to condemn the land, what do I need to plead?
Section 843.08 requires you to set forth the facts and the purpose for which the land is required as part of pleading a condemnation defense.
Can the court pause a possession case while the defendant pursues condemnation?
Yes. Section 843.08 allows the court to stay proceedings if no condemnation proceeding has been instituted yet and the defendant is authorized to condemn and intends to, giving the defendant time to institute and complete condemnation with due diligence.
Does the plaintiff still recover costs if the case is resolved through condemnation instead of a straight possession judgment?
If the plaintiff is entitled to judgment, Section 843.08 provides that the plaintiff shall have costs.
Is it enough to just tell the court I plan to condemn the land?
No. Section 843.08 requires the defendant to set forth the facts and the purpose for which the land is required, not just an intent to condemn.
What if condemnation proceedings have already been started before the possession lawsuit?
Section 843.08’s stay provision addresses the situation where no condemnation proceedings have been instituted; the defendant must still set forth the facts and purpose for the land in pleading the condemnation defense.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.08; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin condemnation defense possession lawsuiteminent domain defense to eviction wisconsinstay of possession case for condemnation843.08 condemnation defense