83.07 (1a) The county highway committee or town board may purchase or accept donation donations of remnants of tracts or parcels of land remaining at the time or after it has acquired portions of such the tracts or parcels by purchase or condemnation where in the judgment of such the county highway committee or town board such action the acquisition of the remnant would assist in rendering just compensation to a land owner landowner, a part of whose lands have been taken for highway purposes, and would serve to minimize the overall cost of such the taking by the public.
Note: Corrects spelling, replaces disfavored term and replaces nonspecific reference.
253,27
Section 27
. 83.08 (1) of the statutes is renumbered 83.08 (1) (a) and amended to read:
83.08 (1) (a) The county highway committee may acquire by gift, devise, purchase or condemnation any lands or interests therein in lands for the proper improvement, maintenance, relocation or change of any county aid or other highway or street or any bridge thereon which
on a county aid or other highway or street that the county is empowered to improve or aid in improving or to maintain. The county highway committee may purchase or accept donation donations of remnants of tracts or parcels of land remaining at the time or after it has acquired portions of such those tracts or parcels by purchase or condemnation where in the judgment of such the committee such action the acquisition of the remnant would assist in rendering just compensation to a land owner landowner, a part of whose lands have been taken for highway purposes, and would serve to minimize the overall cost of such the taking by the public.
(b) Whenever the county highway committee deems considers it necessary to acquire any such lands or interests therein in land for any
such purpose described in par. (a), it shall so order and in such. The order or on a separate map or plat shall show the old and new locations and the lands or interests required, and. The committee shall file a copy of the order and map with the county clerk. The committee shall endeavor attempt to obtain easements or title in fee simple by conveyance of the lands or interests required, at a price, including damages, deemed considered reasonable by the committee. The instrument of conveyance shall name the county as grantee and shall be filed with the county clerk and recorded in the office of the register of deeds.
Note: Subdivides provision and replaces nonspecific references with specific references and other language for greater readability and conformity with current style.
253,28
Section 28
. 84.04 (1) (a) of the statutes is amended to read:
84.04 (1) (a) “Overlook" means a graded terrace, often inclosed enclosed by a masonry retaining wall, located on roadside areas where favorable topographic conditions provide an exceptional view or offscape from the road.
Note: Inserts preferred spelling.
253,29
Section 29
. 86.23 of the statutes is renumbered 86.23 (1) and amended to read:
86.23 (1) All Each swing or drawbridges drawbridge built or purchased by any city and town or by any other two 2 municipalities, and so situated so that a part thereof of the bridge is in one municipality and a part in another, shall be operated and maintained at the joint expense of the municipalities which that built or purchased them the bridge in proportion to the amount of the cost thereof of the bridge borne by each. If either such municipality shall does not provide for or pay its full share of such the expense of operating or maintaining the bridge in any year, the other may provide for or pay
it, and upon paying the same the expense.
(2) A municipality that pays any portion of another municipality's share of the expenses of operating and maintaining a bridge under sub. (1) may recover of the amount of the payment from the defaulting municipality in default its share of the same, with interest from the time of payment and costs of suit; provided, that no. No action under this subsection to recover the same shall a payment may be brought until thirty 30 days after demand of payment is made.
Note: Subdivides provision, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.
253,30
Section 30
. 90.05 (1) of the statutes is renumbered 90.05 (1) (a) (intro.) and amended to read:
90.05 (1) (a) (intro.) Every partition of the a fence or of the line upon which partition fences are to be built between adjoining owners, made by the owners thereof in writing, signed, sealed and witnessed by two witnesses, or by the fence viewers, in writing under their hands, in the cases and in the manner hereinafter provided of adjoining lands, after being recorded in the town clerk's office, shall oblige such obligates the owners, their heirs and assigns, so long as such adjoining land on each side respectively shall remain in the same ownership, and after a severance of ownership until a new partition of such fence shall be made, to build and maintain such
the fence agreeably to said in accordance with the partition. But neither the, if any of the following conditions is met:
(c) An owner nor, or the owner's heirs or assigns shall be bound, are not obligated to build or maintain any part of such a partition fence during any time when none of such the adjoining lands shall be so is occupied for farming or grazing.
Note: Subdivides provision, reorders text, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.
253,31
Section 31
. 90.05 (1) (a) 1. and 2. and (b) of the statutes are created to read:
90.05 (1) (a) 1. The partition is made by the owners of the adjoining lands and is in writing, signed and sealed by the owners and witnessed by 2 witnesses.
2. The partition is made by fence viewers in the manner provided under this chapter and is in writing under their hands.
(b) A partition made in accordance with par. (a) shall remain in effect so long as the adjoining land on each side respectively remains in the same ownership, and after a severance of ownership until a new partition of the fence is made.
Note: New provisions are created to reposition text. See the previous section of this bill.
253,32
Section 32
. 90.06 (title) of the statutes is amended to read:
90.06 (title) Removal
Relocation of fence.
253,33
Section 33
. 90.06 of the statutes is renumbered 90.06 (1) and amended to read:
90.06 (1) When any owner or occupant of land
shall build builds a fence before the location of the a boundary line has been located between such that land and any land adjoining the same land and the location of such the boundary line shall establish the fact establishes that said the fence is located on such the adjoining land, the ownership thereof shall be in the person who built it
the fence or that person's grantee, devisee or heirs, but such
shall be the owner of the fence. The owner of the fence shall be removed relocate the fence to the boundary line within 30 days after the location thereof and the service of written notice of the location of the fence upon the
person who built it or who has acquired that person's rights, owner of the fence by the owner or occupant of the land upon which the fence is situated; such located.
(2) The notice under sub. (1) shall be served personally on the fence owner or by leaving a copy
thereof of the notice at the fence owner's usual place of abode of that person with some member of that person's
the fence owner's family who is of suitable age and discretion who. If the notice is left with a family member, the family member shall be informed of the contents thereof; if of the notice.
(3) If the removal relocation of the fence is not made within 30 days thereafter after service of the notice under sub. (2), the party who served or caused such
the notice to be served may remove relocate the fence to the boundary line and set it up there and recover the expense of so doing so from the other party; provided, that fence owner. However, no such fence that is subject to relocation under this section shall be removed relocated by the party giving the notice during a time when annual crops will be damaged unless by agreement of the owners or occupants of the adjoining lands mutually agree.
Note: Extensive changes in language were made to this section in the 1898 Annotated Statutes. A note states that the section was “amended by striking out the clause naming the county surveyor, and by extending it to include the occupant of adjoining lands". These substantive changes are retained. Other language changes by the 1898 Annotated Statutes are extensively modified to reflect the pre-1898 form, updated for greater conformity with current style.
253,34
Section 34
. 90.09 of the statutes is renumbered 90.09 (1) and amended to read:
90.09 (1) When the boundary line between enclosed lands of owned by different persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and it is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line, and either owner or occupant shall refuse refuses to join in making a partition fence on either side thereof
of the river, brook, pond or creek, or if they shall disagree respecting the same making a partition fence, either party may apply to two 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall proceed to view such the river, brook, pond or creek; and if they shall.
(2) If the fence viewers determine that the same river, brook, pond or creek is not a sufficient fence and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line they, the fence viewers shall, in writing under their hands, determine how or on which side thereof of the river, brook, pond or creek the fence shall be built or whether the fence shall be built partly on one side and partly on the other, and
side. The fence viewers shall assign to each owner or occupant that owner's or occupant's share thereof of the fence and the time within which the respective parties shall build the same, and fence. The fence viewers shall file such their determination in the office of the town clerk, who shall record the same determination.
(3) If either party shall refuse or neglect refuses or neglects to build that party's part of the fence within the time so assigned by the fence viewers, the other party may, after having completed his or her own part, build such the other party's part and recover the expense thereof as hereinafter of building the other party's part of the fence as provided under s. 90.11.
(4) If said
the fence viewers shall determine that it is impracticable, either from the formation of the banks of such the river, brook, pond or creek or from for any other cause reason, to maintain any fence along or near said the boundary line, they shall give written notice to the parties of such that determination.
Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.
253,35
Section 35
. 90.10 of the statutes is amended to read:
90.10 Compulsory repair of fence.
In case If any person shall neglect neglects to repair or rebuild any partition fence which that by law that person ought is required to maintain, the aggrieved party may complain to two 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall examine the same, and if they shall fence. If the fence viewers determine such that the fence is insufficient, they shall signify the same to inform the delinquent party of the insufficiency and direct the delinquent party to repair or rebuild the same fence within such a time as they shall deem
that the fence viewers determine is reasonable. If such
the fence shall not be is not repaired or rebuilt within the time so fixed by the fence viewers, the complainant may repair or rebuild the same fence and recover the expense thereof of repairing or rebuilding the fence as hereinafter provided under s. 90.11.
Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.
253,36
Section 36
. 90.11 (1) of the statutes is renumbered 90.11 (1) (a) and amended to read:
90.11 (1) (a) Whenever any owner or occupant
shall have of land has built, repaired or rebuilt any fence in pursuance of the preceding sections which, pursuant to the provisions of this chapter, that the adjoining owner or occupant shall have has been lawfully directed by fence viewers to build, repair or rebuild, and have
but has failed to do within the time prescribed, the owner or occupant who built, repaired or rebuilt the fence may call upon complain to any two 2 or more fence viewers of the town, who.
(b) The fence viewers complained to under par. (a) shall, after having given notice to such the defaulting adjoining owner or occupant as provided in s. 90.07, examine such the fence and ascertain the expense thereof; and if they shall of building, repairing or rebuilding the fence. If the fence viewers adjudge such
the fence sufficient they shall give to such the complaining party a certificate under their hands of such their decision and of the amount of the expense of such building or, repairing, or rebuilding the fence and of the fees of the fence viewers who made such order and of their own; and thereupon such.
(c) Upon receipt of the fence viewers' certificate, the complaining party may demand the amount of such ascertained the expense determined by the fence viewers, together with such the fence viewers' fees, from such the defaulting, adjoining owner or occupant; and in case of neglect and refusal. If the adjoining owner or occupant fails to pay the same expenses and fees for one month after so demanded the complaining party has demanded payment, the amount of such expenses and fees together with interest at the rate of one per cent a 1% per month shall constitute a special charge and lien against such the adjoining owner's or occupant's lands and may be recovered in the manner provided in sub. (2).
Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.
253,37
Section 37
. 90.11 (2) of the statutes is renumbered 90.11 (2) (a) and amended to read:
90.11 (2) (a) The person to whom such certificate shall be executed and delivered complaining party may file the same certificate executed and delivered to him or her under sub. (1) (b) with the town clerk of the town in which the lands charged with such the expense and fees set forth in the certificate are located. Upon the filing of such the certificate such, the town clerk shall issue a warrant for the amount thereof of the listed expenses and fees upon the town treasurer payable to such the person to whom the certificate was executed and delivered.
(b) The amount so paid by the town treasurer under par. (a) together with interest at the rate of one per cent a 1% per month shall be included by the town clerk in the next tax roll as a special charge against such
the lands and such charged with the expense and fees. The special charge shall be collected by the town treasurer with the other taxes in such the town. Any such special charge under this paragraph remaining unpaid shall be added to the list of delinquent taxes returned to the county treasurer, who. The county treasurer shall collect the
same delinquent special charge or sell the land as for delinquent taxes; and all. All proceedings in relation thereto to the sale of land for a delinquent special charge shall be the same in all respects as in the case of land sold for other delinquent taxes. Every county treasurer who shall collect or receive any moneys on account of such delinquent charges under this subsection shall pay the same moneys received to the treasurer of the proper town.
Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,38
Section 38
. 90.13 (title) of the statutes is amended to read:
90.13 (title) Partition fence on
newly-enclosed newly enclosed land.
253,39
Section 39
. 90.13 of the statutes is renumbered 90.13 (1) and amended to read:
90.13 (1) When any previously unenclosed land shall afterwards be is enclosed, the owner or occupant thereof of the newly enclosed land shall pay for one-half 50% of each partition fence standing upon the line between that owner's or occupant's land and the enclosure of any other owner or occupant, unless such the line shall have has been theretofore previously divided, in which case that. If the line has been previously divided, the owner or occupant of the newly enclosed land shall pay the value of the fence on the part of such the line so previously assigned to that owner or occupant; and. In either case, the value thereof of the fence at the time in either case shall be ascertained on the application of either adjoining owner or occupant as provided in s. 90.11, in case
if the parties do not agree; and if such.
(2) If the responsible owner or occupant shall neglect or refuse fails to pay the same value for sixty 60 days after the value has been so ascertained and demand made
, the proprietor of such the fence may recover such the value with the fence viewers' fees and costs.
Note: Subdivides provision, reorders text, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,40
Section 40
. 93.06 (6) (b) of the statutes is amended to read:
93.06 (6) (b) Investigate the management of any
such cooperative association doing business in this state, and may make the facts, relating to said the management, of the cooperative association available to the members of the association, when a request for such a management investigation has been filed with the department, signed by all of the directors or by at least twenty per cent 20% of the members (in the case of associations of less than five hundred 500 members) and or by at least one hundred 100 members (in the case of associations of five hundred 500 or more members). The department shall fix and collect a fee for such investigations, to under this paragraph, which shall be the actual cost thereof of the investigation.
Note: Subdivides provision, replaces parentheses with commas, deletes unnecessary commas, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,41
Section 41
. 93.09 (9) of the statutes is renumbered 93.09 (9) (a) (intro.) and amended to read:
93.09 (9) (a) (intro.) Whenever the department finds that any person marketing or having in his or her possession any product or receptacle to which the standard is applicable has intentionally violated sub. (8), the department, after opportunity for hearing has been given such to that person, may, by special order, revoke the do any of the following:
1. Revoke the person's right of such person to represent any product or receptacle to which the standard is applicable as being of any grade contained in the standard and may, in said order, require such.
2. Require the person to mark or tag such the product or receptacle as provided in sub. (4).
(b) The department may, without hearing, suspend such the right described in par. (a) 1. for a period not exceeding ten 10 days, pending investigation.
(c) The department may restore such the right to any person from whom it has been revoked, where if the person gives satisfactory evidence warranting such restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,42
Section 42
. 93.11 (6) of the statutes is renumbered 93.11 (6) (a) (intro.) and amended to read:
93.11 (6) (a) (intro.) The department, after opportunity for hearing has been given the licensee, may, by special order, revoke any license issued under this section, whenever the department finds that such any of the following:
1. That the licensee is incompetent or.
2. That the licensee has made material false statements in order to obtain a license or.
3. That the licensee has knowingly or carelessly issued any false or improper certificate of grade or
.
4. That the licensee has accepted money or other consideration, directly or indirectly, as compensation for any neglect or improper performance of duty or.
5. That the licensee has violated chs. 93 to 100 or any regulation made thereunder under chs. 93 to 100.
(b) The department may, without hearing, suspend such a licensee's right to act under this section for a period not exceeding ten 10 days, pending investigation.
(c) The department may restore the license of any person whose license has been revoked, where
under this subsection if the person gives satisfactory evidence warranting such restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,43
Section 43
. 93.21 (4) of the statutes is amended to read:
93.21 (4) Failure to obey orders. Any person who wilfully violates s. 93.14 (3) or 93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order or regulation made issued under s. 93.06 (3)
, shall, for each offense, be punished by a fine of fined not more than five thousand dollars or by imprisonment in the county jail $5,000 or imprisoned for not more than one year
, in the county jail or by both such fine and imprisonment.
Note: Replaces word form of numbers with digits, and replaces and deletes language for greater readability and conformity with current style. Section 93.06 (3) authorizing the issuance of orders does not provide for the making of regulations.
253,44
Section 44
. 94.27 of the statutes is amended to read:
94.27 Liability for damages.
The Any person so building or maintaining any such who builds or maintains any dam or constructing or keeping constructs or keeps open any such ditch or drain shall be under s. 94.26 is liable to the persons whose lands are overflowed or otherwise injured by such the dam, ditch or drain for the full sum of damages so sustained, which shall be ascertained under s. 94.28 and recovered in the manner following and not otherwise. If the person claiming any such damages cannot agree with the person liable to pay the same, the person claiming the damages shall select one disinterested arbitrator and give notice thereof to the person from whom such damages are claimed, who shall, within ten days after the receipt of such notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining such dams, ditches or drains, and give notice thereof to the claimant and to each of the persons so selected as arbitrators under ss. 94.28 to 94.30.
Note: The deleted material is recreated as s. 94.28 (1) for more logical placement. See the creation of s. 94.28 (1) by this bill.
253,45
Section 45
. 94.28 of the statutes is renumbered 94.28 (2) (a) (intro.) and amended to read:
94.28 (2) (a) (intro.) The persons selected as arbitrators under sub. (1) shall, within twenty 20 days after such notice, appoint some of their appointment, do all of the following:
1. Appoint a disinterested third
3rd person to act as arbitrator with them and fix.
2. Fix a time and place at which the arbitrators shall meet to determine the claimant's damages which the claimant ought to have, and give.
3. Give notice thereof of the appointment of the 3rd arbitrator and the time and place of hearing to the parties interested parties.
(b) At the time and place so fixed under par. (a) 2., the arbitrators shall view the premises and hear the proofs and allegations of the parties, and within ten. Within 10 days thereafter, the arbitrators, or any two 2 of them, shall make duplicate statements of the proceedings had by them and of the amount by them ordered to that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for their the arbitrators' fees and the costs of such the proceedings, and. The arbitrators shall deliver to each party a copy thereof of the statement and order to each party. Within twenty 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal be is taken as hereinafter provided
under s. 94.29.
Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.
253,46
Section 46
. 94.28 (1) of the statutes is created to read:
94.28 (1) If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under s. 94.27, the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.
Note: Moves the material deleted from s. 94.27 by this bill to s. 94.28 (1) for more logical placement.
