Note: Subdivides provision, shortens sentences, replaces word form of numbers
with digits and replaces language for greater readability and conformity with current
style.
AB970, s. 25
18Section
25. 77.12 of the statutes is amended to read:
AB970,20,2
1977.12 Review of findings, venue. Any finding of fact made under this
20subchapter after due notice and hearing
shall be
is final
and conclusive, except and 21unless
it is set aside or modified by
the judgment of the circuit court for either Dane
22county
, or
of the county in which the land lies
in either of which. Any person may
1bring an action
may be brought for that purpose
, in either of those courts within
2thirty 30 days after the making of the finding sought to be reviewed.
Note: Replaces word form of number with digits in conformity with current style.
AB970, s. 26
3Section
26. 83.07 (1a) of the statutes is amended to read:
AB970,20,114
83.07
(1a) The county highway committee or town board may purchase or
5accept
donation donations of remnants of tracts or parcels of land remaining at the
6time or after it has acquired portions of
such the tracts or parcels by purchase or
7condemnation where in the judgment of
such the county highway committee or
town 8board
such action the acquisition of the remnant would assist in rendering just
9compensation to a
land owner landowner, a part of whose lands have been taken for
10highway purposes, and would serve to minimize the overall cost of
such the taking
11by the public.
Note: Corrects spelling, replaces disfavored term and replaces nonspecific
reference.
AB970, s. 27
12Section
27. 83.08 (1) of the statutes is renumbered 83.08 (1) (a) and amended
13to read:
AB970,21,214
83.08
(1) (a) The county highway committee may acquire by gift, devise,
15purchase or condemnation any lands or interests
therein in lands for the
proper 16improvement, maintenance, relocation or change of any county aid or other highway
17or street or any bridge
thereon which on a county aid or other highway or street that 18the county is empowered to improve or aid in improving or to maintain. The county
19highway committee may purchase or accept
donation
donations of remnants of tracts
20or parcels of land remaining at the time or after it has acquired portions of
such those 21tracts or parcels by purchase or condemnation where in the judgment of
such the 22committee
such action the acquisition of the remnant would assist in rendering just
23compensation to a
land owner landowner, a part of whose lands have been taken for
1highway purposes, and would serve to minimize the overall cost of
such the taking
2by the public.
AB970,21,12
3(b) Whenever the
county highway committee
deems considers it necessary to
4acquire any
such lands or interests
therein in land for any
such purpose
described
5in par. (a), it shall so order
and in such. The order or
on a
separate map or plat
shall 6show the old and new locations and the lands or interests required
, and. The
7committee shall file a copy of the order and map with the county clerk. The
8committee shall
endeavor attempt to obtain easements or title in fee simple by
9conveyance of the lands or interests required, at a price, including damages,
deemed 10considered reasonable by the committee. The instrument of conveyance shall name
11the county as grantee and shall be filed with the county clerk and recorded in the
12office 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.
AB970, s. 28
13Section
28. 84.04 (1) (a) of the statutes is amended to read:
AB970,21,1614
84.04
(1) (a) "Overlook" means a graded terrace, often
inclosed enclosed by a
15masonry retaining wall, located on roadside areas where favorable topographic
16conditions provide an exceptional view or offscape from the road.
Note: Inserts preferred spelling.
AB970, s. 29
17Section
29. 86.23 of the statutes is renumbered 86.23 (1) and amended to read:
AB970,22,218
86.23
(1) All Each swing or
drawbridges drawbridge built or purchased by any
19city and town or by any other
two 2 municipalities,
and so situated
so that a part
20thereof of the bridge is in one municipality and a part in another, shall be operated
21and maintained at the joint expense of the municipalities
which that built or
22purchased
them the bridge in proportion to the amount of the cost
thereof of the
23bridge borne by each. If either
such municipality
shall does not provide for or pay
1its full share of
such the expense
of operating or maintaining the bridge in any year
, 2the other may provide for or pay
it, and upon paying the same the expense.
AB970,22,8
3(2) A municipality that pays any portion of another municipality's share of the
4expenses of operating and maintaining a bridge under sub. (1) may recover
of the
5amount of the payment from the
defaulting municipality
in default its share of the
6same, with interest from the time of payment and costs of suit
; provided, that no. No 7action
under this subsection to recover
the same shall a payment may be brought
8until
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.
AB970, s. 30
9Section
30. 90.05 (1) of the statutes is renumbered 90.05 (1) (a) (intro.) and
10amended to read:
AB970,22,2011
90.05
(1) (a) (intro.) Every partition of
the a fence or of the line upon which
12partition fences are to be built between
adjoining owners
, made by the owners thereof
13in writing, signed, sealed and witnessed by two witnesses, or by the fence viewers,
14in writing under their hands, in the cases and in the manner hereinafter provided 15of adjoining lands, after being recorded in the town clerk's office,
shall oblige such 16obligates the owners, their heirs and assigns
, so long as such adjoining land on each
17side respectively shall remain in the same ownership, and after a severance of
18ownership until a new partition of such fence shall be made, to build and maintain
19such the fence
agreeably to said in accordance with the partition
. But neither the,
20if any of the following conditions is met:
AB970,22,23
21(c) An owner
nor, or the owner's heirs or assigns
shall be bound, are not
22obligated to build or maintain any part of
such
a partition fence during any time
23when 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.
AB970, s. 31
1Section
31. 90.05 (1) (a) 1. and 2. and (b) of the statutes are created to read:
AB970,23,32
90.05
(1) (a) 1. The partition is made by the owners of the adjoining lands and
3is in writing, signed and sealed by the owners and witnessed by 2 witnesses.
AB970,23,54
2. The partition is made by fence viewers in the manner provided under this
5chapter and is in writing under their hands.
AB970,23,86
(b) A partition made in accordance with par. (a) shall remain in effect so long
7as the adjoining land on each side respectively remains in the same ownership, and
8after 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.
AB970, s. 32
9Section
32. 90.06 (title) of the statutes is amended to read:
AB970,23,10
1090.06 (title)
Removal Relocation of fence.
AB970, s. 33
11Section
33. 90.06 of the statutes is renumbered 90.06 (1) and amended to read:
AB970,23,2112
90.06
(1) When any owner or occupant of land
shall build builds a fence before
13the location of the a boundary line
has been located between
such that land and any
14land adjoining
the same land and the location of
such the boundary line
shall
15establish the fact establishes that
said the fence is
located on
such the adjoining land,
16the ownership thereof shall be in the person who built
it the fence or that person's
17grantee, devisee or heirs
, but such shall be the owner of the fence. The owner of the 18fence shall
be removed relocate the fence to the boundary line within 30 days after
19the location thereof and the service of written notice
of the location of the fence upon
20the
person who built it or who has acquired that person's rights, owner of the fence 21by the owner or occupant of the land upon which the fence is
situated; such located.
AB970,24,5
1(2) The notice
under sub. (1) shall be served personally
on the fence owner or
2by leaving a copy
thereof of the notice at the
fence owner's usual place of abode
of that
3person with some member of
that person's the fence owner's family
who is of suitable
4age and discretion
who. If the notice is left with a family member, the family member 5shall be informed of the contents
thereof; if of the notice.
AB970,24,13
6(3) If the
removal
relocation of the fence is not made within 30 days
thereafter 7after service of the notice under sub. (2), the party who served or caused
such the 8notice to be served may
remove relocate the fence to the boundary line
and set it up
9there and recover the expense of
so doing
so from the
other party; provided, that fence
10owner. However, no
such fence
that is subject to relocation under this section shall
11be
removed relocated by the party giving the notice during a time when annual crops
12will be damaged unless
by agreement of the owners or occupants of the adjoining
13lands
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.
AB970, s. 34
14Section
34. 90.09 of the statutes is renumbered 90.09 (1) and amended to read:
AB970,24,2215
90.09
(1) When the boundary line between enclosed lands
of owned by different
16persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and
17it is impracticable, without unreasonable expense, for a partition fence to be built on
18the true boundary line, and either owner or occupant
shall refuse refuses to join in
19making a partition fence on either side
thereof of the river, brook, pond or creek, or
20if they
shall disagree respecting
the same making a partition fence, either party may
21apply to
two 2 or more fence viewers of the town, who, after giving notice as provided
22in s. 90.07, shall proceed to view
such the river, brook, pond or creek
; and if they shall.
AB970,25,10
1(2) If the fence viewers determine that the
same river, brook, pond or creek is
2not a sufficient fence and that it is impracticable, without unreasonable expense, to
3build a fence on the true boundary line
they, the fence viewers shall, in writing under
4their hands, determine how or on which side
thereof
of the river, brook, pond or creek 5the fence shall be built or whether
the fence shall be built partly on one side and
6partly on the other
, and side. The fence viewers shall assign to each owner or
7occupant that owner's or occupant's share
thereof
of the fence and the time within
8which the respective parties shall build the
same, and
fence. The fence viewers shall 9file
such their determination in the office of the town clerk, who shall record the
same 10determination.
AB970,25,15
11(3) If either party
shall refuse or neglect refuses or neglects to build that party's
12part of the fence within the time
so assigned
by the fence viewers, the other
party 13may, after having completed his or her own part, build
such the other party's part and
14recover the expense
thereof as hereinafter of building the other party's part of the
15fence as provided
under s. 90.11.
AB970,25,19
16(4) If
said the fence viewers
shall determine that it is impracticable, either from
17the formation of the banks of
such the river, brook, pond or creek or
from for any other
18cause reason, to maintain any fence along or near
said the boundary line
, they shall
19give 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.
AB970, s. 35
20Section
35. 90.10 of the statutes is amended to read:
AB970,26,9
2190.10 Compulsory repair of fence.
In case If any person
shall neglect 22neglects to repair or rebuild any partition fence
which that by law that person
ought 23is required to maintain
, the aggrieved party may complain to
two 2 or more fence
1viewers of the town, who, after giving notice as provided in s. 90.07, shall examine
2the
same, and if they shall fence. If the fence viewers determine
such that the fence
3is insufficient
, they shall
signify the same to inform the delinquent party
of the
4insufficiency and direct the delinquent party to repair or rebuild the
same fence 5within
such a time
as they shall deem that the fence viewers determine is reasonable.
6If
such the fence
shall not be is not repaired or rebuilt within the time
so fixed
by the
7fence viewers, the complainant may repair or rebuild the
same fence and recover the
8expense
thereof of repairing or rebuilding the fence as
hereinafter provided
under
9s. 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.
AB970, s. 36
10Section
36. 90.11 (1) of the statutes is renumbered 90.11 (1) (a) and amended
11to read:
AB970,26,1812
90.11
(1) (a) Whenever any owner or occupant
shall have of land has built,
13repaired or rebuilt any fence
in pursuance of the preceding sections which, pursuant
14to the provisions of this chapter, that the adjoining owner or occupant
shall have has 15been lawfully directed by fence viewers to build, repair or rebuild
, and have but has 16failed to do within the time prescribed, the owner or occupant who built, repaired or
17rebuilt the fence may
call upon complain to any
two 2 or more fence viewers of the
18town
, who.
AB970,27,3
19(b) The fence viewers complained to under par. (a) shall, after having given
20notice to
such the defaulting adjoining owner or occupant as provided in s. 90.07,
21examine
such the fence and ascertain the expense
thereof; and if they shall of
22building, repairing or rebuilding the fence. If the fence viewers adjudge
such the 23fence sufficient they shall give to
such the complaining party a certificate under their
1hands of
such their decision and of the amount of the expense of
such building
or, 2repairing
, or rebuilding the fence and
of the fees of the fence viewers
who made such
3order and of their own; and thereupon such.
AB970,27,12
4(c) Upon receipt of the fence viewers' certificate, the complaining party may
5demand the amount of
such ascertained the expense
determined by the fence
6viewers, together with
such the fence viewers' fees, from
such the defaulting, 7adjoining owner or occupant
; and in case of neglect and refusal. If the adjoining
8owner or occupant fails to pay the
same expenses and fees for one month after
so
9demanded the complaining party has demanded payment, the amount of
such 10expenses and fees together with interest at the rate of
one per cent a 1% per month
11shall constitute a special charge and lien against
such the adjoining
owner's or
12occupant'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.
AB970, s. 37
13Section
37. 90.11 (2) of the statutes is renumbered 90.11 (2) (a) and amended
14to read:
AB970,27,2115
90.11
(2) (a) The
person to whom such certificate shall be executed and
16delivered complaining party may file the
same certificate executed and delivered to
17him or her under sub. (1) (b) with the
town clerk of the town in which the lands
18charged with
such the expense
and fees set forth in the certificate are located. Upon
19the filing of
such the certificate
such, the town clerk shall issue a warrant for the
20amount
thereof of the listed expenses and fees upon the town treasurer payable to
21such the person
to whom the certificate was executed and delivered.
AB970,28,11
22(b) The amount
so paid
by the town treasurer under par. (a) together with
23interest at the rate of
one per cent a 1% per month shall be included by the town clerk
1in the next tax roll as a special charge against
such the lands
and such charged with
2the expense and fees. The special charge shall be collected by the town treasurer with
3the other taxes in
such the town. Any
such special charge
under this paragraph 4remaining unpaid shall be added to the list of delinquent taxes returned to the county
5treasurer
, who. The county treasurer shall collect the
same delinquent special
6charge or sell the land as for delinquent taxes
; and all. All proceedings in relation
7thereto to the sale of land for a delinquent special charge shall be the same in all
8respects as in the case of land sold for other delinquent taxes. Every county treasurer
9who shall collect or receive any moneys on account of
such delinquent charges
under
10this subsection shall pay the
same moneys received to the treasurer of the proper
11town.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 38
12Section
38. 90.13 (title) of the statutes is amended to read:
AB970,28,13
1390.13 (title)
Partition fence on newly-enclosed newly enclosed land.
AB970, s. 39
14Section
39. 90.13 of the statutes is renumbered 90.13 (1) and amended to read:
AB970,29,215
90.13
(1) When any
previously unenclosed land
shall afterwards be is enclosed
, 16the owner or occupant
thereof of the newly enclosed land shall pay for
one-half 50% 17of each partition fence standing upon the line between that owner's or occupant's
18land and the enclosure of any other owner or occupant, unless
such the line
shall have 19has been
theretofore previously divided
, in which case that. If the line has been
20previously divided, the owner or occupant
of the newly enclosed land shall pay the
21value of the fence on the part of
such the line
so previously assigned to that owner
22or occupant
; and. In either case, the value
thereof of the fence at the time
in either
1case shall be ascertained on the application of either
adjoining owner or occupant as
2provided in s. 90.11,
in case if the parties do not agree
; and if such.
AB970,29,6
3(2) If the responsible owner or occupant
shall neglect or refuse fails to pay the
4same value for
sixty
60 days after the value has been
so ascertained and demand
5made
, the proprietor of
such the fence may recover
such the value with the fence
6viewers' 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.
AB970, s. 40
7Section
40. 93.06 (6) (b) of the statutes is amended to read:
AB970,29,178
93.06
(6) (b) Investigate the management of any
such cooperative association
9doing business in this state, and
may make the facts
, relating to
said
the
10management
, of the cooperative association available to the members of the
11association, when a request for
such a management investigation has been filed with
12the department, signed by all
of the directors or by at least
twenty per cent 20% of
13the members
(in the case of associations of less than
five hundred 500 members
) and 14or by at least
one hundred 100 members
(in the case of associations of
five hundred 15500 or more members
). The department shall fix and collect a fee for
such 16investigations
, to under this paragraph, which shall be the actual cost
thereof of the
17investigation.
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.
AB970, s. 41
18Section
41. 93.09 (9) of the statutes is renumbered 93.09 (9) (a) (intro.) and
19amended to read:
AB970,30,220
93.09
(9) (a) (intro.) Whenever the department finds that any person
21marketing or having in his or her possession any product or receptacle to which the
22standard is applicable has intentionally violated sub. (8), the department, after
1opportunity for hearing has been given
such
to that person, may, by special order,
2revoke the do any of the following:
AB970,30,5
31. Revoke the person's right
of such person to represent any product or
4receptacle to which the standard is applicable as being of any grade contained in the
5standard
and may, in said order, require such.
AB970,30,7
62. Require the person to mark or tag
such the product or receptacle as provided
7in sub. (4).
AB970,30,9
8(b) The department may, without hearing, suspend
such the right
described in
9par. (a) 1. for a period not exceeding
ten 10 days, pending investigation.
AB970,30,12
10(c) The department may restore
such
the right to any person from whom it has
11been revoked
, where if the person gives satisfactory evidence warranting
such 12restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 42
13Section
42. 93.11 (6) of the statutes is renumbered 93.11 (6) (a) (intro.) and
14amended to read:
AB970,30,1715
93.11
(6) (a) (intro.) The department, after opportunity for hearing has been
16given the licensee, may, by special order, revoke any license issued under this section,
17whenever the department finds
that such any of the following:
AB970,30,18
181. That the licensee is incompetent
or
.
AB970,30,20
192. That the licensee has made material false statements in order to obtain a
20license
or.
AB970,30,22
213. That the licensee has knowingly or carelessly issued any false or improper
22certificate of grade
or.
AB970,31,2
14. That the licensee has accepted money or other consideration, directly or
2indirectly, as compensation for any neglect or improper performance of duty
or.
AB970,31,4
35. That the licensee has violated chs. 93 to 100 or any regulation made
4thereunder under chs. 93 to 100.
AB970,31,6
5(b) The department may, without hearing, suspend
such a licensee's right
to act
6under this section for a period not exceeding
ten
10 days, pending investigation.
AB970,31,9
7(c) The department may restore the license of any person whose license has
8been revoked
, where under this subsection if the person gives satisfactory evidence
9warranting
such restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 43
10Section
43. 93.21 (4) of the statutes is amended to read:
AB970,31,1611
93.21
(4) Failure to obey orders. Any person who wilfully violates s. 93.14 (3)
12or 93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order
or
13regulation made issued under s. 93.06 (3)
, shall, for each offense, be
punished by a
14fine of fined not more than
five thousand dollars or by imprisonment in the county
15jail $5,000 or imprisoned for not more than one year
, in the county jail or
by both
such
16fine 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.
AB970, s. 44
17Section
44. 94.27 of the statutes is amended to read:
AB970,32,8
1894.27 Liability for damages. The Any person
so building or maintaining any
19such who builds or maintains any dam or
constructing or keeping constructs or keeps 20open any
such ditch or drain
shall be
under s. 94.26 is liable to
the persons whose
21lands are overflowed or otherwise injured by
such
the dam, ditch or drain for the full
22sum of damages
so sustained, which shall be ascertained
under s. 94.28 and
1recovered
in the manner following and not otherwise. If the person claiming any
2such damages cannot agree with the person liable to pay the same, the person
3claiming the damages shall select one disinterested arbitrator and give notice
4thereof to the person from whom such damages are claimed, who shall, within ten
5days after the receipt of such notice, select another disinterested arbitrator, not of kin
6to any of the parties interested in maintaining such dams, ditches or drains, and give
7notice thereof to the claimant and to each of the persons so selected as arbitrators 8under 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.
AB970, s. 45
9Section
45. 94.28 of the statutes is renumbered 94.28 (2) (a) (intro.) and
10amended to read:
AB970,32,1311
94.28
(2) (a) (intro.) The persons selected as arbitrators
under sub. (1) shall,
12within
twenty 20 days after
such notice
, appoint some of their appointment, do all
13of the following:
AB970,32,15
141. Appoint a disinterested
third
3rd person to act as arbitrator with them
and
15fix.
AB970,32,17
162. Fix a time and place at which the arbitrators shall meet to determine the
17claimant's damages
which the claimant ought to have, and give.
AB970,32,19
183. Give notice
thereof of the appointment of the 3rd arbitrator and the time and
19place of hearing to the
parties interested
parties.