The petition shall state the purpose of the petition, contain a legal description of the territory proposed to be annexed and have attached thereto a scale map. The petition shall also specify the population, as defined in s. 66.013 (2) (b)
, of the territory.
No person who has signed a petition shall be permitted to withdraw his or her name therefrom. No additional signatures shall be added after a petition is filed.
The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate. The annexation petition shall be void unless filed within 6 months of the date of publication of the notice.
Within 60 days after the filing of the petition, the common council or village board may accept or reject the petition and if rejected no further action shall be taken thereon. Acceptance may consist of adoption of an annexation ordinance. Failure to reject the petition shall obligate the city or village to pay the cost of any referendum favorable to annexation. If the petition is not rejected the clerk of the city or village with whom the annexation petition is filed shall give written notice thereof by personal service or registered mail with return receipt requested to the clerk of any town from which territory is proposed to be detached and shall give like notice to any person who files a written request therefor with the clerk. Such notice shall indicate whether the petition is for direct annexation or whether it requests a referendum on the question of annexation. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c)
of a referendum of the electors residing in the area proposed for annexation to be held within 30 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40
requesting a referendum is filed with the town clerk signed by at least 20% of the electors residing in the area proposed to be annexed. If such a petition is filed, the clerk shall give notice as provided in par. (c)
of a referendum of the electors residing in the area proposed for annexation to be held within 30 days of the receipt of the petition and shall mail a copy of such notice to the clerk of the city or village to which the annexation is proposed. Any referendum shall be held at some convenient place within the town to be specified in the notice.
Clerk to act.
If more than one town is involved, the city or village clerk shall determine as nearly as is practicable which town contains the most electors in the area proposed to be annexed and shall indicate in the notice required under par. (a)
such determination. The clerk of the town so designated shall perform the duties required hereunder and the election shall be conducted in such town as are other elections conducted therein.
Publication of notice.
The notice shall be published in a newspaper of general circulation in the area proposed to be annexed on the publication day next preceding the referendum election and one week prior to such publication.
The referendum shall be conducted by the town election officials but the town board may reduce the number of such officials for that election. The ballots shall contain the words "For annexation" and "Against annexation" and shall otherwise conform to the provisions of s. 5.64 (2)
. The election shall be conducted as are other town elections in accordance with chs. 6
insofar as applicable.
Canvass; statement to be filed.
The election inspectors shall make a statement of the holding of the election showing the whole number of votes cast, and the number cast for and against annexation, attach thereto their affidavit and immediately file it in the office of the town clerk. They shall file a certified statement of the results in the office of the clerk of each other municipality affected.
If the referendum is against annexation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be annexed, voting in the referendum, bears to the total number of electors in such territory, voting in the referendum.
If the result of the referendum is against annexation, all previous proceedings shall be nullified. If the result of the referendum is for annexation, failure of any town official to perform literally any duty required by this section shall not invalidate the annexation.
Qualifications as to electors and owners shall be determined as of the date of filing any petition, except that all qualified electors residing in the territory proposed for annexation on the day of the conduct of a referendum election shall be entitled to vote therein. Residence and ownership must be bona fide and not acquired for the purpose of defeating or invalidating the annexation proceedings.
An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11)
the governing body shall first review the reasons given by the department of commerce that the proposed annexation is against the public interest. Subject to s. 59.692 (7)
, such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d)
. Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.69 (7)
The ordinance may annex the territory to an existing ward or may create an additional ward.
The annexation shall be effective upon enactment of the annexation ordinance. The board of school directors in any city of the first class shall not be required to administer the schools in any territory annexed to any such city until July 1 following such annexation.
The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall also record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send shall not invalidate the annexation and the duty to file, record or send shall be a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79
. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.
Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of education, one copy to the department of commerce, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.
Par. (b) is shown as amended by 1995 Wis. Act 27
. The treatment by Act 27, s. 9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168
-OA. Par. (b) as not affected by Act 27 s. 9145 (1) reads as follows:
Effective date text
(b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department of commerce, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.
Any city or village may direct a survey of its present boundaries to be made, and when properly attested the survey and plat may be filed in the office of the register of deeds in the county in which the city or village is located, whereupon the survey and plat shall be prima facie evidence of the facts therein set forth.
(9) Validity of plats.
Where any annexation is declared invalid but prior to such declaration and subsequent to such annexation a plat has been submitted and has been approved as required in s. 236.10 (1) (a)
, such plat shall be deemed validly approved despite the invalidity of the annexation.
An action on any grounds whatsoever, whether denominated procedural or jurisdictional, to contest the validity of an annexation shall be commenced within the time after adoption of the annexation ordinance provided by s. 893.73 (2)
An action contesting an annexation shall be given preference in the circuit court.
66.021(11)(a)(a) Annexations within populous counties.
No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3)
shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of commerce. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c)
. The annexing municipality shall review the advice before final action is taken.
Definition of public interest.
For purposes of this subsection public interest is determined by the department of commerce after consideration of the following:
Whether the governmental services, including zoning, to be supplied to the territory could clearly be better supplied by the town or by some other village or city whose boundaries are contiguous to the territory proposed for annexation which files with the circuit court a certified copy of a resolution adopted by a two-thirds vote of the elected members of the governing body indicating a willingness to annex the territory upon receiving an otherwise valid petition for the annexation of the territory.
The shape of the proposed annexation and the homogeneity of the territory with the annexing village or city and any other contiguous village or city.
(12) Unanimous approval.
If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3)
. In such annexations, subject to sub. (11)
, the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of commerce and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.
(13) Review requirements.
The provisions of sub. (12)
do not eliminate the necessity for review as required by sub. (11)
(15) Annexation of town islands.
Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of commerce. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.
(16) Effective date of annexations.
Because the creation of congressional, legislative, supervisory and aldermanic districts of equal population is a matter of statewide concern, any annexation action that affects a tract of land that is the subject of an ordinance enacted or resolution adopted by any city during the period from January 1, 1990, to April 1, 1991, or any later date, expressing an intent to not exercise the city's authority to annex territory before April 1, 1991, or the specified later date, taken by a municipality during the period beginning on April 1 of the year commencing after each federal decennial census of population and ending on June 30 of the year commencing after that census, is effective on July 1 of the year commencing after that census or at such later date as may be specified in the annexation ordinance. This subsection first applies to annexations effective after March 31, 1991.
History: 1973 c. 37
; 1977 c. 29
, 1654 (8) (c)
; 1977 c. 187
; 1977 c. 315
; 1979 c. 323
; 1979 c. 361
; 1983 a. 29
; 1985 a. 225
; 1987 a. 391
; 1989 a. 192
; 1991 a. 5
; 1993 a. 16
; 1995 a. 27
, 9116 (5)
, 9145 (1)
; 1995 a. 201
See s. 62.071
for special provision for annexations to cities of the first class.
In ascertaining whether a petition for annexation pursuant to (2) (a) has been signed by the "owners of one half of the land" in the proposed area of attachment, acreage within the territory constituting public streets and alleys is not to be taken into account in determining the sufficiency of the petition, no matter how owned or by whom, whether in fee simple, right-of-way, or easement for public benefit or reverter. (Language in Town of Menasha v. City of Menasha, 42 W (2d) 719, to the contrary is withdrawn.) International Paper Co. v. Fond du Lac, 50 W (2d) 529, 184 NW (2d) 834.
Where an owner petitions for annexation of a sizable block of land it is not void simply because it divides the town into 2 parts. Town of Waukechon v. Shawano, 53 W (2d) 593, 193 NW (2d) 661.
Where a city owned a road but the city limits did not extend the full width of the road, property on the other side is still contiguous. Where the boundaries of the parcel to be annexed are drawn by the petitioning landowners the city cannot be charged with arbitrary action. Town of Lyons v. Lake Geneva, 56 W (2d) 331, 202 NW (2d) 228.
Where property owners, in petitioning for annexation, divide a tract so as to control one parcel by property owners and the other by population, the 2 resulting annexations are valid. Town of Waukesha v. City of Waukesha, 58 W (2d) 525, 206 NW (2d) 585.
Abundant benefits to the state from the annexation under review, including the provision of police, fire and solid waste disposal services and library and recreational facilities satisfied the need factor of the rule of reason, since absent unfair inducement or pressures upon the petitioners for annexation, a showing of benefits to the annexed land can be considered on the question of need under the rule of reason. Town of Lafayette v. City of Chippewa Falls, 70 W (2d) 610, 235 NW (2d) 435.
A town from which 2 town islands were detached by annexation pursuant to (15) had no standing to challenge the constitutionality of the statute. Town of Germantown v. Village of Germantown, 70 W (2d) 704, 235 NW (2d) 486.
Sub. (15) is a clear and unambiguous provision allowing with certain exceptions for the annexation by a city or village in a single ordinance of all town islands meeting the statutorily defined criteria. Annexation by a city of 7 separate town islands via 7 separate municipal ordinances was impermissible under (15), since the power to annex must be exercised by a municipality in strict conformity with the statute conferring it. Town of Blooming Grove v. City of Madison, 70 W (2d) 770, 235 NW (2d) 493.
An eligible elector and a qualified elector are identical. Ch. 6 applies to annexation referendum elector qualifications under (6). Washington v. Altoona, 73 W (2d) 250, 243 NW (2d) 404.
Direct annexation not otherwise in conflict with "rule of reason" was not invalidated because petitioners were motivated by desire to obtain change in zoning of their land. Rule discussed. Town of Pleasant Prairie v. City of Kenosha, 75 W (2d) 322, 249 NW (2d) 581.
Where action challenging annexation was filed before (10) (a) limitation ran, and plaintiff town board had given no explicit authorization for commencement of action, subsequent attempt to ratify commencement of action was a nullity. Town of Nasewaupee v. City of Sturgeon Bay, 77 W (2d) 110, 251 NW (2d) 845.
Sub. (5) (d) ballot language requirement is directory and substantial compliance is adequate. Town of Nasewaupee v. Sturgeon Bay, 146 W (2d) 492, 431 NW (2d) 699 (Ct. App. 1988).
Under (5) (g), annexation fails in cases of tie vote. Town of Nasewaupee v. Sturgeon Bay, 146 W (2d) 492, 431 NW (2d) 699 (Ct. App. 1988).
See note to 893.73, citing Town of Sheboygan v. City of Sheboygan, 150 W (2d) 210, 441 NW (2d) 752 (Ct. App. 1989).
Annexation ordinance must meet "rule of reason" requirements. Application of rule discussed. Town of Menasha v. City of Menasha, 170 W (2d) 181, 488 NW (2d) 128 (Ct. App. 1992).
City could not reach across a lake to annex noncontiguous property. Town of Delevan v. City of Delavan, 176 W (2d) 516, 500 NW (2d) 268 (1993).
The prohibition in sub. (4) of the withdrawal of names from a petition prevents the withdrawal of the entire petition. Town of De Pere v. City of De Pere, 184 W (2d) 278, 516 NW (2d) 1 (Ct. App. 1994).
The last sentence of sub. (15) means that no city or village may annex land so that a town area is completely surrounded by the annexing city or village. The statute does not prohibit a "functional town island". Wagner Mobil, Inc. v. City of Madison, 190 W (2d) 585, 527 NW (2d) 301 (1995).
The legislature can constitutionally provide for the annexation of territory without referendum. 60 Atty. Gen. 294.
The rule of reason in Wisconsin annexations. Knowles, 1972 WLR 1125.
Detachment of territory.
Subject to s. 66.023 (7)
, territory may be detached from any city or village and be attached to any city, village or town, to which it is contiguous, in the following manner:
A petition signed by a majority of the owners of three-fourths of the taxable land in area within such territory or, if there is no taxable land therein, by all owners of such land, shall be filed with the clerk of the city or village from which detachment is sought, within 120 days after the date of publication of a class 1 notice, under ch. 985
, of intention to circulate a petition of detachment.
An ordinance detaching such territory may be enacted within 60 days after the filing of such petition, by vote of three-fourths of all the members of the governing body of the detaching city or village and its terms accepted within 60 days after such enactment, by an ordinance enacted by a vote of three-fourths of all the members of the governing body of the city, village or town to which such territory shall be annexed. The failure of any governing body to adopt the ordinance as provided herein shall be deemed a rejection of the petition and all proceedings thereunder shall be void.
The governing body of any city, village or town involved may, or if a petition conforming to the requirements of s. 8.40
signed by a number of qualified electors thereof equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum thereon, is presented to it within 30 days after the passage of either of the ordinances herein provided for shall, cause the question to be submitted to the electors of the city, village or town whose electors petitioned therefor, at a referendum election called for such purpose within 30 days after the filing of such petition, or after the enactment of either ordinance. Whenever a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6)
. The governing body of the municipality shall appoint 3 election inspectors who shall be resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their affidavits annexed thereto and file a copy with the clerk of each town, village or city involved, and none of the ordinances so provided for shall take effect nor be in force unless a majority of the electors shall approve the same. The referendum election shall be conducted in accordance with chs. 6
insofar as applicable.
Whenever any area which has been subject to a city or village zoning ordinance is detached from one municipality and attached to another in accordance with this section, the regulations imposed by such zoning ordinance shall continue in effect and shall be enforced by the attaching city, village or town until changed by official action of the governing body of such municipality, except that if the detachment or attachment is contested in the courts, the zoning ordinance of the detaching municipality shall prevail, and such city or village shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action.
The ordinance, certificate and plat shall be filed and recorded in the same manner as for annexations under s. 66.021 (8) (a)
. The requirements for the secretary of state shall be the same as in s. 66.021 (8) (b)
Because the creation of congressional, legislative, supervisory and aldermanic districts of equal population is a matter of statewide concern, any detachment action that affects a tract of land that is the subject of an ordinance enacted or resolution adopted by any city during the period from January 1, 1990, to April 1, 1991, or any later date, expressing an intent to not exercise the city's authority to annex territory before April 1, 1991, or the specified later date, taken by a municipality during the period beginning on April 1 of the year commencing after each federal decennial census of population and ending on June 30 of the year commencing after that census, is effective on July 1 of the year commencing after that census or at such later date as may be specified in the detachment ordinance. This subsection first applies to detachments effective after March 31, 1991.
See s. 62.075
for special provision for detachment of farm lands from cities.
Boundary change pursuant to approved cooperative plan. 66.023(1)(a)
"Department" means the department of commerce.
"Municipality" means a city, village or town.
(2) Boundary change authority.
Any combination of municipalities may determine the boundary lines between themselves under a cooperative plan that is approved by the department under this section. No boundary of a municipality may be changed or maintained under this section unless the municipality is a party to the cooperative agreement. The cooperative plan shall provide one or more of the following:
That specified boundary line changes shall occur during the planning period and the approximate dates by which the changes shall occur.
That specified boundary line changes may occur during the planning period and the approximate dates by which the changes may occur.
That a required boundary line change under par. (a)
or an optional boundary line change under par. (b)
shall be subject to the occurrence of conditions set forth in the plan.
That specified boundary lines may not be changed during the planning period.
Who may prepare plan.
The municipalities that propose to set the boundary lines between themselves under this section shall prepare a cooperative plan.
Purpose of plan.
The cooperative plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory covered by the plan which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
Content of plan; physical development of territory.
The cooperative plan, and any accompanying maps, plats, charts and descriptive and explanatory materials, shall show the plan agreed upon for the physical development of the territory covered by the plan. The plan may include, without limitation because of enumeration, any of the following:
The general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways and playgrounds.
Sites for public buildings and structures, airports, pierhead and bulkhead lines and waterways.
The general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned.
The acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals described in subds. 1.
The general location, character and extent of community centers and neighborhood units.
The general character, extent and layout of the replanning of blighted districts and slum areas.
Content of plan; boundaries and services.
The cooperative plan shall: