LRB-3652/1
MGG:jrd:aj
1995 - 1996 LEGISLATURE
June 1, 1995 - Introduced by Senators A. Lasee, Drzewiecki, Zien, Farrow, Breske
and Huelsman, cosponsored by Representatives Ott, Goetsch, Grothman, F.
Lasee, Owens and
Seratti. Referred to Committee on Environment and
Energy.
SB245,1,2
1An Act to amend 88.90 (2) of the statutes,
relating to: removing from natural
2watercourses obstructions on lands that are located in villages.
Analysis by the Legislative Reference Bureau
Under current law, a person who suffers damage to land that the person owns
or occupies that is negligently caused by the failure to remove from a natural
watercourse an obstruction located on land owned or occupied by another person may
request that the other person remove the obstruction. If the other person fails to
remove the obstruction and if the land on which the obstruction is located is in a town,
the person giving the notice may file a complaint with the town board of supervisors.
If the person fails to follow any recommendations made by the town board for the
removal of the obstruction, the supervisors must order the removal, and the costs of
the removal are assessed against the land where the obstruction is located as a
special assessment.
This bill expands the scope of this provision so that the above-described
procedures for making a complaint and the powers held by town boards apply to
obstructions on land located in villages and to village boards.
For further information see the state and 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:
SB245, s. 1
3Section
1. 88.90 (2) of the statutes is amended to read:
SB245,2,94
88.90
(2) If the obstruction is not removed within 6 days after receipt of such
5notice
and if the obstruction is located in a village or town, the owner or occupant of
1the damaged lands may make complaint to
the supervisors of the
village or town
2board, filing at the same time a copy of the notice.
Such The village trustees or town 3supervisors, after viewing the watercourse and upon being satisfied that the
4complaint is just, shall make recommendations in writing to the owner or occupant
5of the lands where the obstruction is located, for the removal of such obstruction. If
6such recommendations are not followed within a reasonable time, the
supervisors 7village or town board shall order the obstruction removed. The cost of view and of
8removal shall be charged and assessed against the lands from which the obstruction
9was removed and shall be collected as other special assessments are collected.
