AB450: Bill Text

LRB-1909/3

MES:jlg:mrc

1999 - 2000 LEGISLATURE

1999 Assembly BILL 450

September 14, 1999 - Introduced by Representatives F. Lasee, Goetsch, Ladwig, Spillner, Hutchison, Seratti, Owens, Olsen, Gronemus, Gunderson, Sykora, Johnsrud, Kreibich, Kestell, Nass, Skindrud, Freese, Klusman, Porter, Musser, Hahn and Ainsworth, cosponsored by Senators Breske, A. Lasee, Schultz and Shibilski. Referred to Committee on Urban and Local Affairs.

AB450,1,7 An Act to renumber and amend 61.34 (3), 62.22 (1) and 66.025; to amend 27.08 (2) (b), 27.08 (2) (c), 28.20, 30.21 (1), 62.22 (1e), 66.021 (2) (intro.), 66.021 (15), 66.024 (7), 66.065 (1), 66.076 (1) (a), 66.077 (1), 114.11 (1), 114.12 and 196.58 (7); and to create 60.625, 61.34 (3) (b), 62.22 (1) (b), 66.021 (1) (ae), 66.021 (2e) and 66.025 (2) of the statutes; relating to: requiring town board approval for, and setting conditions on, certain annexation actions and prohibiting the creation of town islands.

Analysis by the Legislative Reference Bureau

Currently, town territory that is contiguous to any city or village may be annexed to that city or village under several methods. Three of the methods are: 1) direct annexation, under which a petition for annexation that was signed by the required number of electors and landowners is filed with the city or village clerk; 2) annexation by referendum, under which a petition for referendum that was signed by the required number of electors and landowners is filed with the city or village clerk and a referendum is held and passes in the town; and 3) annexation by referendum and court order, under which the governing body of a city or village adopts a resolution declaring its intention to apply to the circuit court for an order for an annexation referendum. If the city or village submits the resolution and the proper supporting documents and if no petition of protest is filed with the court or if the petition is found by the court to be insufficient, the court shall order the referendum to be held. If the referendum passes in the town, the annexation occurs.

This bill places a number of limits and conditions on the authority of a city or village to annex town land. Under the bill, if a city or village annexes land that is adjacent to a town highway, the annexation must extend to the center of the highway. Also under the bill, no annexation of certain land in the town may occur without the approval of the town board if any of the following conditions exist:

1. The land has been owned by the town for at least five years before the proposed annexation.

2. The land has been zoned for agricultural use for at least five years before the proposed annexation.

3. The land has been assessed as agricultural use value land for at least five years before the proposed annexation.

Generally, under current law, a city may acquire real or personal property within or outside the city, by gift, purchase or condemnation, and a village may also acquire real or personal property within or outside the village. The property may be acquired for any public purpose, such as parks, recreation, water systems, sewage or waste disposal, airports, cemeteries or vehicle parking areas. This bill grants similar property acquisition rights to a town, for real and personal property within or outside the town. Under this bill, a city, village or town (municipality) may not acquire real property that is located in another municipality, and that is not contiguous to that municipality, by gift, purchase or condemnation unless the governing body of the municipality in which the real property is located approves the proposed acquisition. The bill also limits the right of a municipality to extend sewer or water lines through property in another municipality unless the extension is approved by the governing body of the municipality on whose property the proposed extension is to be located. Under the bill, before a municipality's governing body may disapprove a proposed acquisition of property or deny a request for a sewer or water line extension, the municipality is required to hold a public hearing on the proposed acquisition or extension and to provide written reasons to the requesting municipality for the governing body's disapproval or denial.

Also under current law, if a municipality operating a water system seeks to serve consumers in another part of that municipality and in the same county, but to serve such consumers it is necessary or economically prudent to install the pipes through another municipality, such installation may not occur unless the municipality through which the installation is to run approves. If that municipality does not approve, the municipality that seeks to install the pipes may ask the public service commission (PSC) to approve the installation, which the PSC may do. This bill removes PSC authority to approve such installations. Such a proposed installation is subject to the same approval and hearing requirements that the bill applies to any other proposal of a municipality to acquire property or extend sewer or water lines in another municipality.

Also under current law, a city or village may annex land that it owns in a town if the land is lying near but not necessarily contiguous to the city or village and if the use of the territory by the city or village is not contrary to any town or county zoning regulation. Under the bill, no city or village may annex territory that it owns in a town if the territory lies near but is not contiguous to the city or village unless the proposed annexation is approved by the town board of the town in which the owned territory is located.

Under current annexation law no city or village may, by annexation, create a town area which is completely surrounded by the city or village. This bill prohibits the creation of town islands by specifying that no city or village may, by annexation, create a town area where no part of the land remaining after annexation is contiguous with the town from which the annexation occurred.

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:

AB450, s. 1 Section 1. 27.08 (2) (b) of the statutes is amended to read:

AB450,3,12 27.08 (2) (b) To Subject to s. 62.22 (1) (b), to acquire in the name of the city for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege. Gifts to any city of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the board to the common council and approved by said council by resolution. Subject to the approval of the common council the board may execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the city for park, parkway, boulevard or pleasure drive purposes.

AB450, s. 2 Section 2. 27.08 (2) (c) of the statutes is amended to read:

AB450,4,6 27.08 (2) (c) Subject to s. 62.22 (1) (b) and to the approval of the common council to buy or lease lands in the name of the city for park, parkway, boulevard or pleasure drive purposes within or without the city and, with the approval of the common council, to sell or exchange property no longer required for its purposes. Every city is authorized, subject to s. 62.22 (1) (b), upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the city such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives.

AB450, s. 3 Section 3. 28.20 of the statutes is amended to read:

AB450,4,11 28.20 Community forests. Any city, subject to s. 62.22 (1) (b), any village, subject to s. 61.34 (3) (b), any town, subject to s. 60.625 (2), or school district may acquire land, engage in forestry and appropriate funds for such purpose. The forest property may be located outside the city, village, town or school district limits.

AB450, s. 4 Section 4. 30.21 (1) of the statutes is amended to read:

AB450,5,11 30.21 (1) Water intake facilities. Upon compliance with such applicable regulations as may be imposed by the government of the United States and subject to chs. 196 and 197 and rules and orders of the public service commission issued pursuant thereto, any public utility may, pursuant to permit granted by resolution of the governing body of any city, village or town situated on any waters of Lake Michigan or Lake Superior or in the Great Lakes basin, construct, maintain and operate, upon and under the bed thereof adjoining such city, village or town, all cribs, intakes, basins, pipes and tunnels necessary or convenient for securing an adequate supply of water suitable for the purposes of such utility, provided only, that concurrently with the construction of facilities for the withdrawal of water from the lakes, the city, town or village must construct sewage treatment and disposal works adequate to treat completely all sewage of the municipality. Any city, village or town, the limits of which are within 50 miles of any such waters and any public utility serving the same shall be deemed to be situated on such waters within the meaning of this section and such municipality or public utility serving the same shall, subject to this section, have authority to acquire and own or lease sufficient real estate, subject to s. 60.625 (2), 61.34 (3) (b) or 62.22 (1) (b), not to exceed 50 miles beyond the corporate limits of such municipality, for the purpose of constructing, maintaining and operating thereon or thereunder, transmission facilities and structures, including cribs, intakes, basins, pipes and tunnels, necessary or convenient for securing an adequate supply of water suitable for the purposes of such municipality or utility. Such facilities shall be so constructed, maintained and operated as to avoid material obstruction to existing navigation or the use of private property not owned by such utility.

AB450, s. 5 Section 5. 60.625 of the statutes is created to read:

AB450,5,22 60.625 Acquisition and disposal of property. (1) Subject to sub. (2), the governing body of any town may by gift, purchase or condemnation acquire property, real or personal, within or outside the town, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the town, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB450,6,2 (2) (a) The governing body of a town may not acquire real property that is located in a city, village or town, and that is not contiguous to the town, by gift, purchase or condemnation, as described in sub. (1), unless the governing body of the city, village or town in which the real property is located approves the proposed acquisition.

AB450,6,10 (b) Before a town board may disapprove a proposed acquisition of property under par. (a) or s. 27.08 (2) (b) or (c), 28.20, 30.21 (1), 61.34 (3) (a), 62.22 (1) (a), 66.065 (1) or 66.077 (1) or deny a request for a sewer or water line extension under s. 30.21 (1), 60.52 (1) or 196.58 (7) (a), the town board shall hold a public hearing on the proposed acquisition or extension and shall provide the city, village or town that has requested the acquisition of property or extension of service with written reasons for the town board's disapproval or denial. The town board shall publish a class 1 notice under ch. 985 at least 10 days before holding the hearing described in this paragraph.

AB450, s. 6 Section 6. 61.34 (3) of the statutes is renumbered 61.34 (3) (a) and amended to read:

AB450,6,21 61.34 (3) (a) The Subject to par. (b), the village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

AB450, s. 7 Section 7. 61.34 (3) (b) of the statutes is created to read:

AB450,7,2 61.34 (3) (b) 1. The village board may not acquire real property that is located in a city, village or town, and that is not contiguous to the village, as described in par. (a), unless the governing body of the city, village or town in which the real property is located approves the proposed acquisition.

AB450,7,10 2. Before the village board may disapprove a proposed acquisition of property under par. (a) or s. 27.08 (2) (b) or (c), 28.20, 30.21 (1), 60.625 (1), 62.22 (1) (a), 66.065 (1) or 66.077 (1) or deny a request for a sewer or water line extension under s. 30.21 (1) or 196.58 (7) (a), the village board shall hold a public hearing on the proposed acquisition or extension and shall provide the city, village or town that has requested the acquisition of property or extension of service with written reasons for the village board's disapproval or denial. The village board shall publish a class 1 notice under ch. 985 at least 10 days before holding the hearing described in this subdivision.

AB450, s. 8 Section 8. 62.22 (1) of the statutes is renumbered 62.22 (1) (a) and amended to read:

AB450,7,21 62.22 (1) (a) The Subject to par. (b), the governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB450, s. 9 Section 9. 62.22 (1) (b) of the statutes is created to read:

AB450,8,2 62.22 (1) (b) 1. The governing body of a city may not acquire real property that is located in a city, village or town, and that is not contiguous to the city, by gift, purchase or condemnation, as described in par. (a), unless common council of the city, village board of the village or the town board of the town in which the real property is located approves the proposed acquisition.

AB450,8,10 2. Before the governing body of a city may disapprove a proposed acquisition of property under s. 60.625 (1) or 61.34 (3) (b) or deny a request for a sewer or water line extension under s. 30.21 (1) or 196.58 (7) (a), the common council shall hold a public hearing on the proposed acquisition or extension and shall provide the city, village or town that has requested the acquisition of property or extension of service with written reasons for the common council's disapproval or denial. The common council shall publish a class 1 notice under ch. 985 at least 10 days before holding the hearing described in this subdivision.

AB450, s. 10 Section 10. 62.22 (1e) of the statutes is amended to read:

AB450,8,18 62.22 (1e) Certain industrial sites. The governing body of a 2nd class city which is adjacent to Lake Michigan and which is located in a county with a population of less than 110,000, according to the most recent estimate by the department of administration, may, subject to sub. (1) (b), acquire real property by gift outside the city boundaries for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property.

AB450, s. 11 Section 11. 66.021 (1) (ae) of the statutes is created to read:

AB450,8,20 66.021 (1) (ae) "Contiguous" means touching or bordering.

AB450, s. 12 Section 12. 66.021 (2) (intro.) of the statutes is amended to read:

AB450,8,24 66.021 (2) Methods of annexation. (intro.) Subject to sub. (2e) and to s. 66.023 (7), territory contiguous to any city or village may be annexed thereto in the following ways:

AB450, s. 13 Section 13. 66.021 (2e) of the statutes is created to read:

AB450,9,4 66.021 (2e) Limits and conditions on annexation. (a) No city or village may, under this section, annex territory, without town approval, that is contiguous to a town highway unless the annexation includes territory that extends to the center of the highway.

AB450,9,7 (b) No city or village may annex town territory under this section without approval of the town board whose jurisdiction includes the territory proposed to be annexed if any of the following apply: