1999 Wisconsin Act 97

97,12 Section 12. 80.11 (4) of the statutes is renumbered 80.11 (4) (a) (intro.) and amended to read:

80.11 (4) (a) (intro.) If by any change of the boundaries of either or both such towns including that caused by flowage the The part of an order fixing the liabilities of towns in regard to a town line highway is vacated if any of the following occurs:

1. The territory of either shall be town is increased or diminished, or in the event a by a change of the boundaries of either town including a change caused by flowage.

2. A portion of said the town line highway is or has been taken over by the state or county under the state or county highway system, or if a.

3. A new town or village be is formed out of a part of the territory of either or both of said the towns, having a portion of such the town line highway within its borders or if a.

4. A portion of a town line road highway is crossed and covered by flowage, that part of such order fixing their liabilities shall be deemed vacated, and a.

(b) 1. In the event that an order or part of an order is vacated under par. (a) 1., 2. or 4., a majority of the supervisors of each such town that is party to the order 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, and attempt to make a new order apportioning the liabilities on account of such the highway, which shall be filed as hereinbefore provided in sub. (2) (c).

Note: Subdivides provision, reorders text and moves stricken material to a separate subdivision for greater readability and conformity with current style. See the next section of this bill.

97,13 Section 13. 80.11 (4) (b) 2. of the statutes is created to read:

80.11 (4) (b) 2. In the event that an order or part of an order is vacated under par. (a) 3., a majority of the supervisors of each town that is party to the order shall, before the time for making the next tax roll, meet together with a majority of the supervisors of the new town or with the president of the new village and attempt to make a new order apportioning the liabilities on account of the highway, which shall be filed as provided in sub. (2) (c).

Note: Recreates language to reposition text in s. 80.11 (4). See the previous section of this bill.

97,14 Section 14. 80.11 (5) of the statutes is amended to read:

80.11 (5) If they fail to make such order no agreement is reached under sub. (4) (b), or if the an order laying out, altering or widening such a town line highway shall has not have apportioned the liability of the towns or village on account of such the highway, the supervisors of either an affected town or the president of said an affected village, after ten 10 days' notice of the time and place of so doing hearing 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 affected town or village on whose behalf such notice is given is located, for the appointment of three 3 commissioners to apportion the liabilities of such towns each affected town and village on account of such the town line highway.

97,15 Section 15. 80.11 (6) and (7) of the statutes are amended to read:

80.11 (6) Upon proper application such under sub. (5), the circuit judge shall appoint three 3 residents of such the county as commissioners. They The commissioners shall proceed, on not less than five 5 days' notice in writing to the clerk of each town and village clerks, to make such apportionment, and their affected, apportion the liabilities of each affected town and village on account of the highway. The commissioners shall make the determination shall be made in writing and filed shall file the determination with the clerk of each town and village affected, and shall have. The commissioners' determination has the same force and effect as an order of the supervisors, and the village president made under sub. (2), (3) or (4).

(7) Any bridge on a highway that became a highway under s. 80.01 (2) as a result of having been worked, that is between two 2 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 and that has not been assigned to either of the adjoining towns or village, shall be repaired and maintained by such the adjoining towns and village, and the. The cost of repairs and maintenance shall be paid by them the adjoining towns and village in proportion to the valuation of the property therein in the adjoining towns and village as equalized by the county board or boards at the last equalization.

97,16 Section 16. 80.11 (8) of the statutes is renumbered 80.11 (8) (a) and amended to read:

80.11 (8) (a) Unless Except as provided in par. (b) and sub. (7) or 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 the bridge is located, each contributing to the expenses thereof in proportion to the last assessment of taxable property therein. Provided, however, that any

(b) Any bridge, or bridges, over any stream or river forming the boundary line between two 2 counties erected or maintained solely by one of the adjoining municipalities, may be closed or discontinued by such the municipality so maintaining the same when such bridge if the other adjoining municipality shall fail fails to cooperate in such contribute towards the maintenance in of the bridge in the following proportion:

1. In proportion to the amount of the cost thereof of erecting the bridge borne by said the adjoining municipality that does not maintain the bridge, if the bridge was erected at the joint expense of the two 2 adjoining municipalities; or, if not so erected, then in.

2. In the proportion of one-half the cost of such maintenance, if the bridge was not erected at joint expense.

Note: Subdivides provision, reorders text, deletes redundancies, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.

97,17 Section 17. 80.12 of the statutes is renumbered 80.12 (1) amended to read:

80.12 (1) Whenever it is deemed considered necessary to lay out, alter, widen or discontinue a highway upon the line between a town and city or village or to lay out, alter, widen or discontinue a highway or any part thereof of a highway extending from a town to a city or village, the proceedings therefor may be had under s. 80.11. The application therefor to lay out, alter, widen or discontinue the highway or any part of the highway 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

(2) Upon receipt of an application under sub. (1), the common council or board of trustees shall appoint 3 commissioners on the part of such the affected city or village, who. The commissioners shall be duly sworn to faithfully discharge their duties as such commissioners before entering on the same. Such upon those duties. The commissioners and town supervisors shall then give notice and proceed in all respects as provided in s. 80.11; and such.

(3) The city or village shall be in like manner as a town responsible for that part of such the affected highway determined to that, under s. 80.11 (3 (a) shall be made and kept in repair by the same city or village and for the share of damages assigned to the same city or village under s. 80.11 (3) (a). 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 the adjoining municipalities and the apportionment may be made as provided in s. 80.11 (3) to (6).

(4) The town board, and village board and or city council may cause any such highway or any part of such a highway subject to the provisions of this section, which is not less than 16 rods 264 feet 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. The town board and village board or city council may levy special assessments for the whole or any part of the cost thereof of the improvements as a tax upon such the property as that they shall determine as is especially benefited thereby by the improvements, in the manner provided in s. 66.60.

(5) All proceedings and orders required to be filed and recorded shall be filed and recorded in the office of the clerk of the affected city or, village clerk as well as in the office of the or town clerk.

Note: Subdivides provision, replaces "rods" with a more common unit of measurement and replaces other language for greater readability and conformity with current style.

97,18 Section 18. 80.13 (1) of the statutes is amended to read:

80.13 (1) When any person shall present to presents the supervisors of any town board with an affidavit satisfying them that that person is the that meets the requirements under sub. (1m), the town board shall set a time and place to conduct a hearing regarding the laying out or widening of a highway. The hearing shall be held after 10 days and within 30 days of the receipt of the affidavit by the town board. Notice of the time and place of the hearing shall be served as required by s. 80.05 and published as a class 2 notice under ch. 985.

(1m) The affidavit required under sub. (1) shall be executed by the owner or lessee of real estate (describing the same) located within said the town, shall contain a description of the affected real estate and that the same shall contain facts that satisfy the supervisors that any of the following circumstances exists:

(a) The real estate described in the affidavit is shut out from all public highways, other than a waterway, by being surrounded on all sides by real estate belonging to owned by other persons, or by such real estate owned by other persons and by water, or that that person is the owner or lessee of real estate (describing the same) and that the owner or lessee is unable to purchase a right-of-way to a public highway from the owners of the adjoining real estate or that such a right-of-way cannot be purchased except at an exorbitant price, which price shall be stated in the affidavit.

(b) 1. The the owner or lessee is the owner of a private way or road leading, whose width shall be stated in the affidavit, that leads from said the described real estate to a public highway but that such the way or road or way is too narrow, giving its width, to afford that person the owner or lessee reasonable access to and from said the described real estate to said the public highway, that that person; and

2. The owner or lessee is unable to purchase from any of said persons the a right-of-way over or through the same from the described real estate 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 the owner's or lessee's way or road land to make such the way or road of sufficient width, or that it the right-of-way or additional land cannot be purchased except at an exorbitant price, stating the lowest which price for which the same the 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 stated in the affidavit.

97,19 Section 19. 80.13 (2) of the statutes is repealed.

Note: The text of sub. (2) is made a part of sub. (1). See the previous section of this bill.

97,20 Section 20. 80.13 (3) of the statutes is renumbered 80.13 (3) (a) and amended to read:

80.13 (3) (a) The supervisors town board shall meet at the appointed time and place stated in the notice given under sub. (1) and shall then in their discretion proceed to lay out such a highway of not more than three nor less than two rods 33 feet nor more than 49.5 feet in width from the public highway to such the real estate, described in the affidavit under sub. (1) (a) or (b) by either laying out a new highway across the surrounding land or shall add by adding enough land to its the width of the existing way or road described in the affidavit under sub. (1) (b) to make it not less than two 33 feet nor more than three rods 49.5 feet in width, and.

(b) The town board shall assess the damages to the owner or owners of the real estate over or through which the same highway shall be laid or from whom land shall be taken and the advantages to the applicant. The town board may not assess damages in any amount exceeding the price stated in the affidavit of the applicant.

Note: Moves sentence regarding the award of damages from sub. (4) to sub. (3) for more appropriate placement. Reorders text, replaces "rods" with a more common unit of measurement and replaces other language for greater readability and conformity with current style.

97,21 Section 21. 80.13 (4) of the statutes is amended to read:

80.13 (4) But the damages assessed by the supervisors shall in no case exceed the price stated in the affidavit of the applicant; upon Upon laying out such a highway, or in adding to the width of a former private way or road, they under sub. (3), the town board shall make and sign an order describing the same laid out highway and file the same order with the town clerk together with their its award of damages, which. The order shall be recorded by said the clerk; provided, that the amount assessed as advantages to the applicant shall be under sub. (3) is paid to the town treasurer before the order laying out such highway shall be filed.

Note: Moves sentence regarding the award of damages from sub. (4) to sub. (3) for more appropriate placement. Divides provision into multiple sentences and replaces language for greater readability and conformity with current style.

97,22 Section 22. 80.13 (5) of the statutes is amended to read:

80.13 (5) Whenever a parcel of 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 any part thereof or sells a of the subdivided parcel of said land by metes and bounds , which part or parcel that 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 belonging to other persons 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 that shall be continuous from the highway to each the part, parcel, lot or of the subdivision sold. In case the seller fails to do so provide the required right-of-way, the town board may, pursuant to proceedings under this section, lay out a road from such the inaccessible land to the public highway over the remaining lands of the seller without assessment to the latter of damages or compensation therefor to the seller.

Note: Deletes redundant language and inserts specific references.

97,23 Section 23. 80.23 of the statutes is amended to read:

80.23 Removal of fences from highway; notice. (1) Whenever pursuant to this chapter, any highway is laid out, widened or altered through inclosed enclosed, cultivated or improved lands and the determination has not been appealed from, the highway authorities shall give the owner or occupant of such the lands written notice in writing to remove the fences located thereon on the highway within such a time as they shall deem determined by the highway authorities to be reasonable, but not less than 30 days after giving such the notice ; and if. If the owner or occupant does not remove the fences within the time required in such by the notice, the highway authorities shall cause remove the fences to be removed and shall direct the highway to be opened; but if. If the determination has been appealed from, the notice shall be given after the final decision of the appeal.

(2) This section does not authorize the opening of a highway through such enclosed, cultivated or improved lands or the removal of fences between May 15 and September 15, except in cases of emergency to be determined by the highway authorities.

Note: Divides long sentence and replaces language for greater readability and conformity with current style.

97,24 Section 24. 80.24 (1) and (2) of the statutes are amended to read:

80.24 (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 court of the county for a jury to assess the damages.

(2) 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 court of the county for a jury to assess the damages.

97,25 Section 25. 80.24 (5) (intro.) and (a) of the statutes are consolidated, renumbered 80.24 (5) and amended to read:

80.24 (5) The At least 6 days before making an appeal under this section, the appellant shall serve written notice 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 responsible for paying the damages for the land, at least 6 days before making the appeal, a. The notice in writing, specifying the following: (a) The shall state the name of the judge to whom the appeal will be made and the date, time and place at which the appeal will be heard.

97,26 Section 26. 80.24 (5) (b) and (c) of the statutes are repealed.

97,27 Section 27. 80.25 of the statutes is renumbered 80.25 (1) and amended to read:

80.25 (1) 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 from the laying out, alteration or discontinuation, may appeal, within 30 days after the award or agreement determining the damages has been filed with the town, city or village municipal clerk, appeal to the circuit judge court of the county for a jury to assess the damages sustained by the persons to whom damages were awarded or are to be paid.

(2) The appeal under this section 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, unless appealing from all of the awards, shall specify the particular award from which the taxpayer appeals in case he or she does not appeal from all. The appellant shall serve written notice of the appeal 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 that is responsible for paying the damages and upon the persons whose awards are appealed from,.

(3) The notice under sub. (2) shall be served at least 6 days before making the appellant makes the application, a notice in writing specifying therein for the jury to assess damages. The notice shall state the name of the judge to whom and who will hear the application and the time and place appellant will apply for the selection of the jury hearing.

Note: Subdivides provision, reorders and replaces language for greater readability and conformity with current style and consistency with s. 80.24. See the previous section of this bill.

97,28 Section 28. 80.26 of the statutes is amended to read:

80.26 Appeal bond. The appellant under s. 80.24 or 80.25 shall execute to the proper town, city or village and file with the judge circuit court a bond with one or more sureties to be approved by such judge the circuit court. In case the appeal is by a landowner, the bond shall be conditioned to pay all costs arising from such the appeal if the jury shall does not award the appellant an increase of damages. In case of an appeal by a taxpayer as such under s. 80.25, the bond shall be conditioned that the appellant shall pay all costs arising from such the appeal if the amount of damages in the aggregate of the items appealed from shall is not be diminished upon as a result of the appeal.

Note: Inserts cross-references and replaces language for greater clarity and conformity with current style.

97,29 Section 29. 80.27 of the statutes is renumbered 80.27 (1) (intro.) and amended to read:

80.27 (1) (intro.) Upon the filing of the bond required under s. 80.26 and notice of the appeal with proof of service thereof of the notice, the jury shall be selected and summoned in the following manner:

(a) 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.

(b) Each party in turn shall strike 5 persons from such the 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 any missing party.

(c) The judge shall thereupon issue an order to the sheriff or some a constable of the county to summon the 5 persons named in such list and whose names were not stricken off to under par. (b) to meet at a time and place to be specified in such the order to appraise the damages, the award of which has been appealed from.

(2) In case any juror fails to appear at the time and place fixed for their the meeting under sub. (1) (c), the judge shall summon another juror shall be summoned in the missing juror's place.

(3) Any juror may be excused for good cause, and if any. Any juror duly who is summoned and under sub. (1) (c), is not excused and 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 resulting from the juror's failure to serve.

Note: Subdivides provision, inserts cross-references and replaces language for greater clarity and conformity with current style.

97,30 Section 30. 80.28 of the statutes renumbered 80.28 (1) and is amended to read:

80.28 (1) The jury selected under s. 80.27 shall be sworn by the judge to justly and impartially to make such appraisal, and appraise the damages, the award of which is appealed from. The jury shall proceed to view such the highway, subject to the appealed order, and hear the statements and proofs of the parties, and such. The jury may increase or diminish decrease the amount awarded, and they shall make sign and return of their the jury's appraisal to the judge signed by them; and in.

(2) (a) In case of appeal by a landowner if the jury shall increase the award under s. 80.24, the costs and expenses of the proceedings 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 if the jury increases the amount awarded or by the appellant if the jury does not increase the amount awarded.

(b) In case of an appeal by a taxpayer if the award appealed from is diminished, the costs and expenses of the proceedings shall be paid by the town, city or village, otherwise if the jury decreases the amount awarded or by the appellant if the jury does not decrease the amount awarded.

(c) In case of cross-appeals if the damages involved therein are unchanged, each appellant shall pay half 50% of said the costs and expenses of the proceedings.

(3) If the jury shall fail fails to agree and be is discharged by the judge for that reason, the judge shall immediately proceed to make select another list of such freeholders, jury under this section and s. 80.27 (1) and further proceedings shall be had thereon on the appeal under s. 80.27 and this section in all respects as in the case of a first jury.

(4) (a) When the jury shall have made a return of their has returned its appraisal to the judge, the judge shall adjust the costs and expenses of such the proceedings, and within 10 days thereafter return such the appraisal to the town clerk, together with all the other following, which shall be filed by the clerk:

1. All papers relating to such the appeal, a.

2. A statement of the proceedings had before the judge, and.

3. A detailed statement of the cost and expenses in detail, duly of the proceedings certified by the judge, which shall be forthwith filed by the clerk; and if two.

(b) If 2 towns or a town and a city or village be are interested, the judge shall make and file a certified copy of the appraisal papers and statements with the clerk of such other each interested town, city or village.

Note: Subdivides provision, inserts cross-references, replaces word form of number with digits and replaces language for greater clarity and conformity with current style.

97,31 Section 31. 80.29 of the statutes is amended to read:

80.29 Appeal costs; jurors' fees. Each juror who serves under s. 80.28 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,. Costs under this section are payable in advance by the party appealing, and to be are a charge against the party finally liable for the costs of the proceeding.

Note: Inserts cross-reference for greater clarity.

97,32 Section 32. 80.32 (4) of the statutes is renumbered 80.32 (4) (a) (intro.) and amended to read: