p. 36

3

If sold outright, and if private financial institutions in the area will not finance the transaction, the City will use its funds to provide the mortgage financing. The mortgage or land contract will be an asset in a revolving fund.

Under the laws of many states, this proposal, particularly the extraterritorial exercise of eminent domain, could be accomplished only with great difficulty. Wisconsin law, however, would permit it. Section 62.22 (1) of the Wisconsin Statutes, which Milwaukee can adopt if it has not already done so, provides that the "governing body of any city may by...purchase or condemnation acquire property, real or personal, within or without the city...for any...public purpose." Public purposes are broadly defined these days and the judicial opinions that permit the acquisition of private lands for urban renewal and subsequent resale to private persons should provide ample precedent. The elimination of discrimination may itself be a public purpose. Of course, property cannot be acquired under eminent domain unless there is a public necessity for so doing, but the Wisconsin Statutes provide the solution. Section 32.07 indicates that the necessity of a taking can be determined by a city.

No one would expect that all suburban municipalities or all the people living in those communities would be happy about this proposed use of power by the City of Milwaukee. On the other hand, the use of power by Milwaukee is just. Moreover, the governmental bodies in suburban municipalities might be glad to