Highways abutted by state park lands; discontinuance or relocation.
Any part of a highway lying wholly within state park lands may be discontinued or relocated by the state agency having jurisdiction over such abutting lands by filing written notice of such discontinuance or relocation with the town clerk or county clerk and upon approval by the supervisors after holding a hearing as provided in s. 80.05
unless such discontinuance or relocation would deprive any other owner of lands access thereto from a highway. This section does not apply to state trunk highways or connecting highways.
History: 1977 c. 29
s. 1654 (3)
Restrictions on condemning for town highways. 80.03(1)(1)
No town highway shall be laid out through or upon any cemetery without the consent of those having the control of the cemetery; or through or upon any structure, yard or enclosure used for educational or charitable purposes.
Without the consent of the owner no town highway shall be laid out through or upon any garden or orchard or any building or fixture used for trade or manufacture or any other building or fixture or the yard or enclosure necessary to the use thereof, when the damage thereby caused thereto, exclusive of the damage to the land, exceeds $300.
The limitations in this section upon the power to condemn for highway purposes applies solely to highways laid out by town authority pursuant to this chapter.
When supervisor disqualified; vacancies. 80.04(1)(1)
No supervisor shall act in laying out, altering, widening or discontinuing any highway in which the supervisor may be personally interested. If one supervisor is interested the other two shall act; if two are interested the third supervisor shall act in the matter.
Whenever there shall be less than two supervisors in any town, the petition authorized by s. 80.02
may be made to the county board, which shall thereupon appoint a committee of three of its members. Said committee shall proceed and act upon such petition in the same manner and with the same powers in every respect as the supervisors of such town might do.
History: 1991 a. 316
Notice of meeting; service and publication. 80.05(1)(1)
On application made to supervisors for laying out, widening, altering or discontinuing any highway the supervisors shall prepare a notice fixing therein a time and place at which they will meet and decide upon the application. The notice shall specify, as near as practicable, the highway proposed to be laid out, widened, altered or discontinued and the tracts of land through which the highway passes or, if the application is for discontinuing the whole or any portion of the highway, the tracts of land abutting on the highway which will be benefited or injured by such discontinuance. When the description in the aggregate exceeds 200 words in length, the notice may state that such descriptions are contained in the application as provided in s. 80.02
, and shall give the name and address of the town clerk to whom the application has been delivered.
At least 10 days prior to the date of hearing give notice by registered mail to all occupants and owners of record of lands through which the highway may pass or, if the application is for discontinuance, to the occupants and to the owners of record of all lands abutting on the highway.
Give notice by registered mail to the department of natural resources and to the county land conservation committee in each county through which the highway may pass.
Proceedings after notice.
The supervisors shall meet at the time and place stated in their notice, and upon being satisfied that the notices required in s. 80.05
have been duly given, proof of which may be shown by affidavit or otherwise as they may require, shall proceed to examine personally such highway, and shall hear any reason that may be offered for or against laying out, widening, altering or discontinuing the same, and shall decide upon the application and shall grant or refuse the same as they shall deem best for the public good; and they may adjourn from time to time, not exceeding in all 30 days from the time of the first meeting, giving public notice of the time and place of such adjournment when made, and by forthwith filing notice of such adjournment in the office of the town clerk.
Order; survey; award; recording; presumptions. 80.07(1)(1)
When the supervisors lay out, alter, widen or discontinue any highway they shall make and sign an order therefor, incorporating therein a description of the highway and cause survey thereof to be made when necessary. The order shall be filed and recorded in the office of the town clerk, who shall note in the record the time of recording. The order together with the award of damages shall be so filed within 10 days after the date fixed by their notice or adjournment for deciding upon the application. In case the supervisors fail to file the order and award within the 10 days aforesaid they shall be deemed to have decided against the application. When an order has been filed for more than 30 years and no award of damages or agreement or release has been filed and when the highway, or a part thereof, has been used by the public and public money has been expended thereon, for at least 5 years, it shall be presumed that a release was given by the owners of the lands over which the highway was laid out and the public shall be entitled to use the full width of the highway, as laid out, without further compensation.
Whenever the supervisors lay out, alter or discontinue any highway the town clerk shall transmit a certified copy of the order therefor to the county highway commissioner.
Width of highways.
Except as otherwise expressly provided by s. 80.13
, highways shall be laid out at least three rods wide, and when no width is specified in the order the highway shall be 4 rods wide.
Damages; agreement, award.
The damages sustained by any person upon whose land any highway shall be laid out, widened, altered or discontinued may be fixed by an agreement signed by the owner and the supervisors and be filed in the town clerk's office. Such agreement and every release of damages given shall bar any further claim for damages by the owner and all persons claiming under the owner. If any owner, other than this state or the United States, does not so agree with the supervisors as to damages or does not deliver to the supervisors a written release of all claims for damages, the supervisors shall, at the time of making the highway order, assess the damages which the owner will sustain by reason of laying out, widening, altering or discontinuing the highway and shall make a written award specifying the sum awarded by them to each owner; and if any owner of land is unknown, the supervisors shall specify the damages awarded to the owner, and describe the owner's land in their award. The award shall be signed by the supervisors and be filed in the town clerk's office with the order laying out, widening, altering or discontinuing the highway.
History: 1991 a. 316
Considerations affecting damages.
If any part of a highway is discontinued at the time a new or altered highway is laid out, the benefits which any landowner derives from the discontinuance may be considered in fixing the damages sustained by the landowner in laying out the new or altered highway; and in fixing the damages sustained by any person in laying out, altering, widening or discontinuing any highway the benefits which the person receives thereby shall be taken into consideration.
History: 1991 a. 316
Highways on and across town lines. 80.11(1)
Whenever it shall be deemed necessary to lay out, alter, widen or discontinue a highway upon the line between two towns, or extending from one town into an adjoining town, it shall be done by the supervisors of said towns acting together, and if such highway is laid out or altered it may be either upon the town line or as near thereto as the situation of the ground will admit; and they may vary the same either on one side or the other of such line as they may deem necessary.
The application therefor shall be in duplicate, addressed to the supervisors of both towns, and be signed by at least 6 resident freeholders in each town; and be delivered to a supervisor or the clerk of each town. Upon receipt of such application the supervisors shall promptly fix a time and place for deciding thereon, and give notice thereof. The notices of the time and place of meeting shall be signed by a majority of the supervisors of each town, and published as a class 2 notice, under ch. 985
, in said towns, and served as required by s. 80.05
. A majority of the supervisors of each town shall meet jointly at the time and place named in the notice to decide upon such application and sign the order and the award of damages, and in all other things the proceedings shall be the same as are required by law in laying out, altering, widening or discontinuing highways wholly within a town. The orders, awards, notices and all papers shall be in duplicate, and one duplicate shall be filed with each town clerk, and the order shall be recorded in each town clerk's office.
The said supervisors, upon laying out, altering or widening such highway may determine, in the order, what part of such highway shall be made and kept in repair by each town, and what share of the damages, if any, shall be paid by each; and each town shall have all the rights and be subject to the liabilities in relation to the part of such highway to be made or repaired by it as if it were wholly located in such town. If no such apportionment shall have been made in the order laying out, altering or widening such highway or any part thereof; or if such highway or any part thereof shall have had its origin in user; or if in the judgment of said supervisors circumstances have so altered since the last previous apportionment or reapportionment of such highway or any part thereof as to render the same inequitable or impracticable, a majority of the supervisors of each town, meeting together, may make such order apportioning or reapportioning such highway or any part thereof as they may deem advisable, which order shall be filed as hereinbefore provided. When so made such order shall be of the same force and effect as an order made in connection with the original laying out of such highway. Any written order or agreement before August 27, 1947 made by a majority of the supervisors of each town concerned, acting together, apportioning or reapportioning a town line highway is hereby validated and shall be of the same force and effect as though made after said date. Where flowage crosses and covers a portion of a town line road, then that part of such order which previously fixed their respective liabilities shall be deemed vacated.
If by any change of the boundaries of either or both such towns including that caused by flowage the territory of either shall be increased or diminished, or in the event a portion of said town line highway is or has been taken over by the state or county under the state or county highway system, or if a new town or village be formed out of a part of the territory of either or both of said towns, having a portion of such town line highway within its borders or if a portion of a town line road is crossed and covered by flowage, that part of such order fixing their liabilities shall be deemed vacated, and a majority of the supervisors of each such town shall, before the time for making the next tax roll, meet together with a majority of the supervisors of such new town or with the president of such village, and all of them when so convened shall, if they can agree, make a new order apportioning the liabilities on account of such highway, which shall be filed as hereinbefore provided.
If they fail to make such order, or if the order laying out, altering or widening such highway shall not have apportioned the liability of the towns or village on account of such highway, the supervisors of either town or the president of said village, after ten days' notice of the time and place of so doing served on the clerk of each town and village to be affected, may apply to the circuit judge of the county in which such towns and village or the town or village on whose behalf such notice is given, for the appointment of three commissioners to apportion the liabilities of such towns and village on account of such highway.
Upon proper application such judge shall appoint three residents of such county as commissioners. They shall proceed, on not less than five days' notice in writing to the town and village clerks, to make such apportionment, and their determination shall be made in writing and filed with the clerk of each town and village affected, and shall have the same force and effect as an order of the supervisors, and the village president.
Any bridge on a highway between two towns, or between a town on one side and a village or a town and village on the other side, which highway has become such by reason of having been used and worked as provided in s. 80.01 (2)
, which bridge has not been assigned to either of the adjoining towns or village, shall be repaired and maintained by such towns and village, and the cost of repairs and maintenance shall be paid by them in proportion to the valuation of the property therein as equalized by the county board or boards at the last equalization.
Unless otherwise provided by statute or agreement every highway bridge on a town, village or city boundary shall be maintained by the municipalities in which it is located, each contributing to the expenses thereof in proportion to the last assessment of taxable property therein. Provided, however, that any bridge, or bridges, over any stream or river forming the boundary line between two counties erected or maintained solely by one of the adjoining municipalities, may be closed or discontinued by such municipality so maintaining the same when such adjoining municipality shall fail to cooperate in such maintenance in proportion to the amount of the cost thereof borne by said municipality, if erected at the joint expense of the two adjoining municipalities; or, if not so erected, then in the proportion of one-half the cost of such maintenance.
Highways on and across town and municipal boundaries.
Whenever it is deemed necessary to lay out, alter, widen or discontinue a highway upon the line between a town and city or village or lay out, alter, widen or discontinue a highway or any part thereof extending from a town to a city or village proceedings therefor may be had under s. 80.11
. The application therefor shall be in duplicate, addressed to the supervisors of the town and the common council of the city or the board of trustees of the village, and be signed by at least 6 freeholders of the town and 6 freeholders of the city or village. Thereupon such common council or board of trustees shall appoint 3 commissioners on the part of such city or village, who shall be duly sworn to faithfully discharge their duties as such commissioners before entering on the same. Such commissioners and town supervisors shall then give notice and proceed in all respects as provided in s. 80.11
; and such city or village shall be in like manner as a town responsible for that part of such highway determined to be made and kept in repair by the same and for the share of damages assigned to the same. The cost of repairs, improvement and maintenance of any highway laid out on a line between a city and a town or village or located on one or the other side of the line may be at the expense of such adjoining municipalities and the apportionment may be made as provided in s. 80.11 (3)
. The town board, village board and city council may cause any such highway or any part of such highway not less than 16 rods in length to be graded, paved, macadamized or otherwise improved, including the establishment of the grade and the construction of the curbs and gutters, and installation of water and sewer mains and service pipes, or either, and may levy special assessments for the whole or any part of the cost thereof as a tax upon such property as they shall determine as especially benefited thereby, in the manner provided in s. 66.60
. All proceedings and orders required to be filed and recorded shall be filed and recorded in the office of the city or village clerk as well as in the office of the town clerk.
History: 1991 a. 32
Highways and bridges on state boundaries.
A town or county board of any town or county bounded in part by a river, or by a highway, either of which is also a state boundary line may enter into agreement with the adjoining municipality in such other state for the maintenance and construction of boundary line bridges and for the maintenance and reconstruction of any boundary line highway including its bridges, by appropriation therefor not exceeding 50% of the total costs assignable to the boundary line facility.
Land excluded from highway. 80.13(1)
When any person shall present to the supervisors of any town an affidavit satisfying them that that person is the owner or lessee of real estate (describing the same) within said town, and that the same is shut out from all public highways, other than a waterway, by being surrounded on all sides by real estate belonging to other persons, or by such real estate and by water, or that that person is the owner or lessee of real estate (describing the same) and of a private way or road leading from said real estate to a public highway but that such road or way is too narrow, giving its width, to afford that person reasonable access to and from said real estate to said public highway, that that person is unable to purchase from any of said persons the right-of-way over or through the same to a public highway, or that that person is unable to purchase from the owner or owners of land on either or both sides of that person's way or road land to make such way or road of sufficient width, or that it cannot be purchased except at an exorbitant price, stating the lowest price for which the same can be purchased, the said supervisors shall appoint a time and place for hearing said matter, which hearing shall be after ten days and within thirty days of the receipt of said affidavit.
Notice of the time and place of meeting shall be served as required by s. 80.05
and published as a class 2 notice under ch. 985
The supervisors shall meet at the appointed time and place and shall then in their discretion proceed to lay out such highway of not more than three nor less than two rods in width to such real estate, or shall add enough land to its width to make it not less than two nor more than three rods in width, and shall assess the damages to the owner or owners of the real estate over or through which the same shall be laid or from whom land shall be taken and the advantages to the applicant.
But the damages assessed by the supervisors shall in no case exceed the price stated in the affidavit of the applicant; upon laying out such highway, or in adding to the width of a former private way or road, they shall make and sign an order describing the same and file the same with the town clerk together with their award of damages, which order shall be recorded by said clerk; provided, that the amount assessed as advantages to the applicant shall be paid to the town treasurer before the order laying out such highway shall be filed.
The following costs may be assessed to the applicant:
The cost of any survey or fee of any expert on valuation, or both, reasonably incurred by the town under subs. (3)
Whenever land in any town which is accessible, or provided with a right-of-way to a public highway, is subdivided and the owner thereof sells and transfers a part thereof or sells a parcel of said land by metes and bounds, which part or parcel would otherwise be landlocked and shut out from all public highways other than a waterway, by reason of being surrounded on all sides by real estate belonging to other persons or by such real estate and by water without an adequate right-of-way to a public highway, the seller shall in so subdividing said land or a part thereof or in selling a parcel of said land by metes and bounds provide a cleared right-of-way at least 50 feet in width which shall be continuous from the highway to each part, parcel, lot or subdivision sold. In case the seller fails to do so the town board may, pursuant to proceedings under this section, lay out a road from such inaccessible land to the public highway over the remaining lands of the seller without assessment to the latter of damages or compensation therefor.
A board loses jurisdiction to order the laying out of a highway when it orders damages to be paid in 60 days, because 80.07 requires the order and award to be filed in 10 days and under 80.13 (4) the damages must be paid before the order is filed. Northern States P. Co. v. Hunter Bd. of Supv. 57 W (2d) 118, 203 NW (2d) 878.
Town board of supervisors both lost jurisdiction to hear application under 80.13 (1) and was deemed to have denied same by adjourning for more than 30 days in contravention of 80.06. Trial court properly refused to review merits on certiorari under 80.34. Aggrieved party's proper remedy was appeal for appointment of reviewing commissioners under 80.17. Berschens v. Town of Prairie du Sac, 76 W (2d) 115, 250 NW (2d) 369.
When town board chooses to act on petition under (1), it need not lay road over land of seller under (5) but may lay road over land of another under (3). Gaethke v. Town Board, Town of Clay Banks, 86 W (2d) 495, 273 NW (2d) 764 (1979).
Highway from shut-off land through adjoining town.
When the owner of land that is shut out from all highways by being surrounded by lands belonging to other persons, and it is impracticable to lay out a road from that owner's land to a public highway in the town where the land is situated, and it is practicable to lay out a highway from said land to a highway in an adjoining town, that owner may execute an affidavit in duplicate and present one copy to a supervisor of the town where the land is situated and one copy to a supervisor of the town where the proposed highway is to be laid out. The affidavit shall set forth the facts above stated, together with the facts required in the affidavit provided under s. 80.13
. The supervisors of the 2 towns shall proceed as provided under said s. 80.13
, except that all orders and notices shall be signed by the supervisors of both and all papers required to be filed shall be made in duplicate and filed with each town clerk. The amount assessed as advantages to the applicant shall be paid by the applicant to the town treasurer of the town where the applicant's land is situated before the order laying out the highway is filed, and all damages assessed shall be paid by the town where the land of the applicant is situated.
History: 1991 a. 316
Highway to islands in Mississippi river.
The owner of an island in the bottoms of the Mississippi river which is shut out from the bank of said river and from a highway by islands and sloughs and by the lands of others, and a right-of-way through the same cannot be purchased at a reasonable price, may present to the supervisors of the town an affidavit setting forth such facts and describing that owner's land. The said supervisors shall then proceed according to the provisions of s. 80.13
and the provisions of said section shall apply to proceedings under this section. The town shall not be liable for want of repair or for defects in any highway laid out pursuant to this section nor for any accident or injury thereon.
History: 1991 a. 316
; 1993 a. 490
Shut-off school buildings; how laid.
Whenever a public school in any town is shut off from all public highways, the supervisors of the town shall lay out a highway to the site thereof. No application for such highway shall be necessary, but in every other respect the procedure for laying out an ordinary town highway shall be pursued. No highway shall be discontinued when the effect of such discontinuance shall be to exclude a public school from access to the public highways. Section 80.22
shall not apply to proceedings under this section.
Appeal from highway order.
Any order of the town supervisors laying out, altering, widening or discontinuing any highway, or refusing so to do, is subject to judicial review under s. 68.13
, except that only a person aggrieved by the order or determination may seek review. Failure of the supervisors to file their decision upon any application to lay out, alter, widen or discontinue any highway within 60 days after the application is made shall be deemed a refusal of the application. In case of highways upon a line between 2 counties the appeal may be made to the circuit court of either county.
History: 1977 c. 449
; 1995 a. 186
Entry of judgment was beyond circuit judge's jurisdiction under this section. Town Board of Town of Taycheedah v. Webb, 118 W (2d) 362, 348 NW (2d) 591 (Ct. App. 1984).
Determination final for a year unless appealed.
The determination refusing to lay out, alter, widen or discontinue any highway shall be final, unless appealed from, for the term of one year after the making of such determination; and no other application for laying out, widening, altering or discontinuing any such highway shall be acted upon within said term of one year.
Removal of fences from highway; notice. 80.23(1)(1)
Whenever pursuant to this chapter, any highway is laid out, widened or altered through inclosed, cultivated or improved lands and the determination has not been appealed from, the highway authorities shall give the owner or occupant of such lands notice in writing to remove the fences located thereon within such time as they shall deem reasonable, not less than 30 days after giving such notice; and if the owner or occupant does not remove the fences within the time required in such notice the highway authorities shall cause the fences to be removed and shall direct the highway to be opened; but if the determination has been appealed from, the notice shall be given after the final decision of the appeal.
This section does not authorize the opening of a highway through such lands or the removal of fences between May 15 and September 15, except in cases of emergency to be determined by the highway authorities.
History: 1991 a. 316
Appeal from award of damages by owner. 80.24(1)(1)
Except as provided in sub. (2)
, an owner of lands through which a highway is laid out, widened, altered or discontinued who is not satisfied with the award of damages under s. 80.09
may, within 30 days after the filing of the award, appeal to the circuit judge for a jury to assess the damages.
An owner of lands through which a highway is laid out, widened, altered or discontinued who has appealed under s. 80.17
from the order laying out, widening, altering or discontinuing the highway and who is not satisfied with the award of damages under s. 80.09
may, within 30 days after the entry of a final order on the appeal affirming the order, appeal to the circuit judge for a jury to assess the damages.
An appeal under this section shall be in writing, describing the premises.
An appeal under this section may be joined in by any number of persons claiming damages on account of the highway.
The appellant shall serve on 2 of the supervisors of the town in which the highway is situated, or upon 2 or more of the supervisors or commissioners of the town, city or village who have been assigned the duty of paying the damages for the land, at least 6 days before making the appeal, a notice in writing, specifying the following:
The name of the judge to whom the appeal will be made.
The place where the appeal will be made.
If more than one appeal is taken from the award of damages on account of any highway, the appeals shall be consolidated by the circuit judge, and only one jury shall be selected to reassess the damages.
History: 1977 c. 449
; 1995 a. 225
; Sup. Ct. Order No. 96-08
, 207 W (2d) xv (1997).
Taxpayer may appeal; service of notice.
Any taxpayer of a town or other municipality in which a highway is laid out, altered or discontinued or any part thereof is situated, and which is required to pay damages resulting therefrom, may appeal within 30 days after the award or agreement determining the damages has been filed with the town, city or village clerk, to the circuit judge for a jury to assess the damages sustained by the persons to whom damages were awarded or are to be paid. The appeal shall be in writing, describing the premises and naming the persons to whom damages are to be paid, and the amount awarded to each, and shall specify the particular award from which the taxpayer appeals in case he or she does not appeal from all. The appellant shall serve upon 2 of the supervisors of the town or upon 2 of the commissioners of the city or village to which has been assigned the duty of paying the damages and upon the persons whose awards are appealed from, at least 6 days before making application, a notice in writing specifying therein the name of the judge to whom and the time and place appellant will apply for the selection of the jury.
History: 1977 c. 449
The appellant shall execute to the proper town, city or village and file with the judge a bond with one or more sureties to be approved by such judge. In case the appeal is by a landowner, the bond shall be conditioned to pay all costs arising from such appeal if the jury shall not award the appellant an increase of damages. In case of an appeal by a taxpayer as such, the bond shall be conditioned that the appellant shall pay all costs arising from such appeal if the amount of damages in the aggregate of the items appealed from shall not be diminished upon the appeal.
History: 1991 a. 316
Substantial compliance with this section is not sufficient. Providing a signature bond rather than a surety bond was grounds for dismissal. Breuer v. Town of Addison, 194 W (2d) 617, 534 NW (2d) 634 (Ct. App. 1995).
Selection of jury; penalty for refusal to serve.
Upon filing the bond and notice with proof of service thereof, the judge shall make out a list of 15 disinterested resident freeholders of the county, not of kin to the owner or occupant of the lands. Each party shall strike 5 from such list, and if none of the proper supervisors or commissioners or other appellee is present, the judge shall strike off the 5 names for them, and the judge shall thereupon issue an order to the sheriff or some constable of the county to summon the 5 persons named in such list and not stricken off to meet at a time and place to be specified in such order to appraise the damages, the award of which has been appealed from. In case any juror fails to appear at the time and place fixed for their meeting another juror shall be summoned in the missing juror's place. Any juror may be excused for good cause, and if any juror duly summoned and not excused fails to serve that juror shall forfeit not to exceed $10, and shall be liable to the party having the costs of the appeal to pay for additional costs made in consequence of such failure.
History: 1991 a. 316
Proceedings before jury; costs.
The jury shall be sworn by the judge justly and impartially to make such appraisal, and shall proceed to view such highway, and hear the statements and proofs of the parties, and such jury may increase or diminish the amount awarded, and they shall make return of their appraisal to the judge signed by them; and in case of appeal by a landowner if the jury shall increase the award the costs and expenses shall be paid by the proper town, city or village; but if the jury shall not increase the award the costs and expenses shall be paid by the appellant, and in case of an appeal by a taxpayer if the award appealed from is diminished the costs and expenses shall be paid by the town, city or village, otherwise by the appellant. In case of cross-appeals if the damages involved therein are unchanged each appellant shall pay half of said costs and expenses. If the jury shall fail to agree and be discharged by the judge for that reason the judge shall immediately proceed to make another list of such freeholders, and further proceedings shall be had thereon in all respects as in the case of a first jury. When the jury shall have made a return of their appraisal to the judge, the judge shall adjust the costs and expenses of such proceedings, and within 10 days thereafter return such appraisal to the town clerk, together with all the other papers relating to such appeal, a statement of the proceedings had before the judge, and of the cost and expenses in detail, duly certified by the judge, which shall be forthwith filed by the clerk; and if two towns or a town and city or village be interested the judge shall make and file a certified copy of the appraisal papers and statements with the clerk of such other town, city or village.
History: 1991 a. 316
Appeal costs; jurors' fees.
Each juror shall receive $3 for services and 10 cents a mile for actual and necessary travel in going to and returning from the place of meeting, payable in advance by the party appealing, and to be a charge against the party finally liable for the costs.
History: 1991 a. 316
Highway damages; when payable, referendum to town meeting. 80.30(1)(1)
All damages awarded against a town, city or village upon laying out, widening or altering any highway shall not be paid until the highway is opened by lawful order. No liability for such damages shall exist for any highway discontinued before being opened.