2003 - 2004 LEGISLATURE
September 8, 2003 - Introduced by Representatives Ainsworth, Petrowski, Bies,
Gunderson, Hahn, Hines, Honadel, Hundertmark, Jensen, Jeskewitz,
Ladwig, F. Lasee, M. Lehman, Loeffelholz, Olsen, Owens, Rhoades,
Townsend and Van Roy, cosponsored by Senators Breske, Wirch and A. Lasee.
Referred to Committee on Transportation.
1An Act to amend
83.08 (4) of the statutes; relating to: the sale of surplus county
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) may, with the
approval of the governor and subject to certain requirements and exceptions, sell at
public or private sale state property, including land, that is under its jurisdiction
when DOT determines that the property is not necessary for highway purposes. DOT
may also order a county highway committee to acquire land for highway purposes
and may order the county highway committee to sell such land at public or private
sale, subject to conditions and terms authorized by DOT.
Also under current law, a county board may sell at public sale county land that
was acquired for highway purposes if the board determines that the land is no longer
needed for highway purposes. DOT must approve the sale if the county acquired the
land by purchase using any funds other than county funds.
This bill allows a county to sell surplus county highway land at fair market
value by private, rather than public, sale to an owner of land adjacent to the surplus
county highway land. The bill does not affect the sale of county highway land ordered
For further information see the local 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:
AB495, s. 1
83.08 (4) of the statutes is amended to read:
Subject to s. 84.09 (3) (c) and
to the approval of the department,
county board is authorized and empowered to sell at public sale, or to sell at private
4sale for fair market value to an owner of adjacent property,
property owned by the 5
county in fee for highway purposes, when the county board shall determine that such 6
property is no longer necessary for the county's use for highway purposes. The funds 7
derived from such sale shall be deposited in the county highway fund and the expense 8
incurred in connection with the sale shall be paid from that fund. However, approval 9
of the department is not required where county funds only have been used.
(1) This act first applies to property sold on the effective date of this subsection.