2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representative Albers, cosponsored by Senator
Burke, by request of Claims Board. Referred to Joint committee on Finance.
AB327,1,3 1An Act relating to: expenditure of $9,296 from moneys appropriated to the
2department of transportation in payment of a claim against the state made by
3Robert and Dorothy Messner.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $9,296 from moneys appropriated to the
department of transportation (DOT) for the current fiscal biennium for maintenance
and repair of state highways and certain related programs in payment of a claim
against DOT by Robert and Dorothy Messner. The claimants operate an apple
orchard adjacent to STH 49 near Brownsville (Dodge County). In 1998, the claimants
had 136 dead, dying, or damaged apple trees near the highway, which a plant
pathologist determined to be caused by salt spray. Based on average net income for
the years 1994 to 1997, the claimants estimated that the damage resulted in $9,296
in net loss of income for 1998. DOT asserts that it attempted to reduce the amount
of salt applied to the highway in response to the claimants' concerns, but that it has
a duty to maintain the roadway in a safe condition for the traveling public, and that
discontinuing the use of salt is not a viable option. DOT also asserts that the
claimants should exercise prudent planting practices in areas near the highway. On
October 19, 1999, the claims board recommended payment of this claim (see 1999
Senate Journal, p. 307).

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB327, s. 1 1Section 1. Claim against the state. There is directed to be expended from
2the appropriation under section 20.395 (3) (eq) of the statutes, as affected by the acts
3of 1999 and 2001, $9,296 in payment of a claim against the state made by Robert and
4Dorothy Messner, Brownsville, Wisconsin, as reimbursement for losses incurred in
51998 as the result of damage to the claimants' apple orchard caused by salt spray
6from STH 49, to which the department of transportation applied road salt.
7Acceptance of this payment releases this state and its officers, employees, and agents
8from any further liability resulting from damage to the claimants' property incurred
9in 1998.
AB327,2,1010 (End)