EVM:nwn:rs
2009 - 2010 LEGISLATURE
June 16, 2009 - Introduced by Representatives Steinbrink, Petrowski, Turner and
Molepske Jr., cosponsored by Senators Holperin, Lehman, Miller, Plale,
Kreitlow, Hansen
and Taylor. Referred to Committee on Transportation.
AB325,1,3 1An Act to renumber and amend 66.1003 (8) (a); and to create 62.73 (1m),
266.1003 (8) (a) 2. and 82.10 (4) (a) 6. of the statutes; relating to: notice of
3proposed vacation of certain highways.
Analysis by the Legislative Reference Bureau
Under current law, the common council of a city, except a first class city, or a
village or town board (governing body) may discontinue all or a portion of a public
way. A proceeding to discontinue a public way may be initiated by a written petition
of owners of property fronting on the way or by resolution of the governing body.
Upon receipt of a petition or introduction of a resolution, the governing body must
provide public notice of the time and place at which the petition or resolution will be
considered. The governing body is also required to provide a copy of the petition or
resolution to the secretary of transportation if the public way that is the subject of
the petition or resolution is located within one-quarter mile of a state trunk highway
or connecting highway.
Also under current law, the common council of a first class city may discontinue
a highway, street, alley, ground, waterway, public walk or other public grounds
(public facility) within the corporate limits of the city. A proceeding to discontinue
a public facility may be initiated by a petition of all owners of property abutting the
public facility or by resolution of the common council. A notice of hearing must be
served upon all owners of record of property abutting the public facility subject to the
discontinuance proceeding.
Under this bill, a governing body or the common council of a first class city must
provide a copy of the petition or resolution to discontinue to the commissioner of

railroads if there is a railroad highway crossing within the portion of the public way
or public facility that is the subject of the petition or resolution to discontinue.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB325, s. 1 1Section 1. 62.73 (1m) of the statutes is created to read:
AB325,2,52 62.73 (1m) Upon receiving a petition under this section or upon introduction
3of a resolution under this section, the common council shall deliver a copy of the
4petition or resolution to the commissioner of railroads if there is a railroad highway
5crossing within the public facilities proposed to be vacated.
AB325, s. 2 6Section 2. 66.1003 (8) (a) of the statutes is renumbered 66.1003 (8) (a) (intro.)
7and amended to read:
AB325,2,108 66.1003 (8) (a) (intro.) Upon receiving a petition under sub. (2) or (3) or upon
9the introduction of a resolution under sub. (4), the city, village, town, or county shall
10deliver a copy of the petition or resolution to the all of the following:
AB325,2,13 111. The secretary of transportation, if the public way or unpaved alley that is the
12subject of the petition or resolution is located within one-quarter mile of a state
13trunk highway or connecting highway.
AB325, s. 3 14Section 3. 66.1003 (8) (a) 2. of the statutes is created to read:
AB325,2,1715 66.1003 (8) (a) 2. The commissioner of railroads, if there is a railroad highway
16crossing within the portion of the public way that is the subject of the petition or
17resolution.
AB325, s. 4 18Section 4. 82.10 (4) (a) 6. of the statutes is created to read:
AB325,3,3
182.10 (4) (a) 6. The commissioner of railroads, if there is a railroad highway
2crossing, within the portion of the highway that is the subject of the application or
3resolution.
AB325,3,44 (End)
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