LRB-4401/1
EVM:sac:jf
2013 - 2014 LEGISLATURE
March 24, 2014 - Introduced by Representative J. Ott, cosponsored by Senator
Grothman. Referred to Committee on Judiciary.
AB880,1,2
1An Act to amend 82.21 (2) of the statutes;
relating to: laying out, altering, or
2discontinuing a town line highway.
Analysis by the Legislative Reference Bureau
Under current law, the procedure to lay out, alter, or discontinue a highway on
the line between a town and another town, a city, or a village (municipality), or a
highway extending from one town into an adjoining municipality, may be initiated
when one of the following occurs in each affected municipality: 1) six resident
freeholders of the municipality deliver an application to lay out, alter, or discontinue
a town line highway to the clerk of every municipality that would be affected by the
proposal, or 2) the town board, city council, or village board introduces a resolution
to lay out, alter, or discontinue a town line highway. After the requisite applications
are delivered or resolutions are adopted, the governing bodies of the municipalities,
"acting together," take the actions affecting the covered town line highway. The
Wisconsin Supreme Court in Dawson v. Town of Jackson, 336 Wis. 2d 318 (2011)
determined that the "acting together" requirement means that, while the municipal
governing bodies must "come together and cooperate to resolve a joint application
. . . the statute does not mandate the creation of a new, combined board. Approval
of both [governing bodies] is necessary . . . ." This bill clarifies the language of the
statute to confirm the holding of the Wisconsin Supreme Court.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB880,1
1Section
1. 82.21 (2) of the statutes is amended to read:
AB880,2,82
82.21
(2) Contents of the application or resolution. An application or
3resolution under sub. (1) shall contain a legal description of the highway to be
4discontinued or of the proposed highway to be laid out or altered and a scale map of
5the land that would be affected by the application. Upon completion of the
6requirements of sub. (1), the governing bodies of the municipalities, acting together
7in cooperation, but voting upon applications or resolutions as separate governing
8bodies, shall proceed under ss. 82.10 to 82.13.
