Wisconsin Legislature: 97,38

(b) (intro.) The easements and incidental rights or upon refusal of the owner of such easements and rights to give written consent to the discontinuance thereof, such easements and rights described in par. (a) may be discontinued in the vacation or discontinuance proceedings in any case where benefits or damages are to be assessed as herein provided. in par. (c), if one of the following applies:

(c) Damages for the discontinuance of such the easements and rights, in the described in par. (a) shall be assessed against the land benefited in the proceedings for assessment of damages or benefits upon the vacation or discontinuance of the public highway or public ground. The amount of the damages shall be the present value of the property to be removed or abandoned, plus the cost of removal, less the salvage thereon value of the removed or abandoned property, or in such any other amount as that may be agreed upon between the interested parties, shall be assessed against the land benefited in the proceedings for assessment of damages or benefits upon the vacation or discontinuance of the public highway or public ground. The owner of such the easements and incidental rights, upon application to the treasurer and upon furnishing satisfactory proof shall be entitled to any payments of or upon such the assessment of damages.

(d) Any person aggrieved by such the assessment of damages under this subsection may appeal therefrom the assessment in the same time and manner as is provided for appeals from assessments of damages or benefits in vacation or discontinuance proceedings in the town, village or city.

Note: Subdivides provision, repositions text and deletes redundant and outdated language for greater readability and conformity with current style.

97,33 Section 33. 80.32 (4) (b) 1. and 2. of the statutes are created to read:

80.32 (4) (b) 1. The interested parties fail to reach an agreement permitting discontinuance of the easements and incidental rights.

2. The owner of the easements and incidental rights refuses to give written consent to their discontinuance.

Note: Recreates language to reposition text in s. 80.32 (4). See the previous section of this bill.

97,34 Section 34. 80.37 of the statutes is renumbered 80.37 (1) and amended to read:

80.37 (1) Whenever the record of the laying out of any highway has been or shall be is lost or destroyed, the supervisors of the town in which such the highway is situated located, upon notice being served on all interested parties in accordance with s. 80.05, may make a new record thereof by a written order, which shall be entered on the town records. Whenever the supervisors shall contemplate making such new record they shall make a of the highway. The notice and shall fix therein a the time when and place at which they where the supervisors will meet and decide upon the same, which making the new record. The notice shall specify as near as may be the highway as to for which they propose to make such the proposed record. Such notice shall be served as provided by s. 80.05; but notice will be made. Notice need not be given to such persons as who waive the same notice or consent to the making of the order either before or after it is entered.

(2) The supervisors shall meet pursuant to the notice given under sub. (1) and hear any arguments or evidence that may be offered for or against the proposed new record, and thereupon decide make a new record as they deem consider proper. They The supervisors may adjourn from time to time, and an entry of each adjournment shall be made in the record by the town clerk. If they the supervisors find that the highway is a legal one highway the record whereof of which is lost or destroyed, they shall make an a written order determining such stating those facts and specifying the course, width and other pertinent description of the highway, and such. The order shall be filed and recorded in the office of the town clerk, who shall note the time of recording it the order in the record. Any number of highways may be included in one such notice or order, and a under this section. A failure or refusal to make a new record for any highway shall does not preclude a subsequent proceeding for that purpose.

(3) Any person through whose land such a highway shall pass described in an order entered under sub. (2) passes may appeal from such the order on the ground that the highway described therein in the order was not theretofore a legal highway in fact. The appeal shall be made in the time and manner provided for appealing from orders laying out highways, and like proceedings, as near as may be, shall be had thereon on the appeal as in case of appeals from such orders. The laying out highways. No person may call into question the regularity of such proceedings shall not be called in question by any person under this section except owners of land on whom such notice should have been served but on whom it was not in fact served, was not and persons claiming under such those owners.

Note: Subdivides provision, repositions text, inserts specific references and cross-references and deletes redundant and outdated language for greater readability and conformity with current style.

97,35 Section 35. 80.48 (3) of the statutes is renumbered 80.48 (3) (a) and amended to read:

80.48 (3) (a) At the time and place specified in the notice given under sub. (2), the circuit judge of the county, the president of the village or the chairperson of the town in which the land sought to be taken lies shall issue a precept directed to the sheriff of the county or to any constable, naming the sheriff or constable, which . The precept shall direct the officer to write sheriff or constable to make a written list containing the names of 36 freeholders of the county who are qualified to serve as jurors in the circuit court and to return the list. After being sworn to perform the duties required to the best of his or her ability, without partiality, the officer sheriff or constable shall immediately write the names make and deliver the list thereof to the officer who issued the precept; and from.

(b) From the list made under par. (a), each party, in person or by an agent or attorney, commencing with the petitioner, shall in turn strike out alternately, a name from the list until each has stricken 12 names, and if . If either party is absent or refuses to strike out the names, the officer who issued the precept shall appoint some person to strike 12 names for the absent or nonparticipating person. The officer shall then summon the 12 persons whose names remain on the list in the manner prescribed under s. 756.05 to appear at the time and place mentioned in the summons for the purpose of determining the necessity of taking for the public use the land described in the petition; if. If any of the persons summoned fail to attend others may be selected in the same mode manner to fill the vacancy, and for that purpose the proceedings may be adjourned from time to time.

(c) When 12 persons are thus have been secured in accordance with par. (b), they shall be sworn by the officer who issued the precept to faithfully and impartially discharge the duties imposed upon them, which. The oath shall be filed with the city, village or town clerk.

(d) The number of persons listed and summoned shall be proportionately reduced if the jury is to consist of a number less than 12.

Note: Subdivides provision, shortens sentences, reorders text, inserts cross-references, and replaces language for greater readability and conformity with current style.

97,36 Section 36. 80.48 (4) of the statutes is renumbered 80.48 (4) (a) and amended to read:

80.48 (4) (a) After the jurors selected under sub. (3) are sworn, the circuit or municipal judge, president or chairperson shall issue his or her precept directed to them and requiring that within 10 days they shall view the land specified therein and make return to him or her under their hands in the precept and issue a decision, signed by each juror, as to whether it is necessary to take it the land for public use as described in the petition; the. The jurors shall, at a time to be fixed by them, view the premises; the. The parties interested shall have notice of the time of, and may offer to the jury any evidence pertinent to, the inquiry; after. After viewing the premises and hearing the evidence the jury shall determine whether a necessity exists for taking the land and shall return their its verdict to the officer who issued the precept.

(b) On the receipt thereof of the jury's verdict, the officer shall, as soon as may be possible, submit the same verdict to the council, trustees or supervisors, and for that purpose may call a meeting of either body and deliver the verdict to them; the. The body to which it the verdict is so delivered shall, if in their its judgment the public good requires it, immediately make an order laying out a street or highway from the nearest street or highway which can be used as a convenient means of approach to the cemetery, fairground or land used for industrial expositions. The street or highway so laid shall not be less than 3 49.5 feet nor more than 4 rods 66 feet in width, and.

(c) The body issuing the order under par. (b) shall, in the order they shall, appoint 3 disinterested residents of the county as commissioners who. The commissioners shall, after notice to the owners or occupants of the land and after being sworn to support the U.S. constitution of the United States and the constitution of this state and faithfully discharge their duties to the best of their ability, assess adequate damages to the owners of the land through which the street or highway is laid. The award of damages shall be signed by the commissioners and be returned to the city, village or town clerk.

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

97,37 Section 37. 80.48 (5) of the statutes is amended to read:

80.48 (5) Opening highway. The street commissioner of such the city or village or the superintendent of highways of such the town, after who made the order under sub. (4) laying out such the street or highway has been filed, upon the filing of the order with the city, village or town clerk, shall forthwith immediately open the street or highway so laid, provided that the petitioner shall have paid to the city, village or town treasurer the damages awarded.

Note: Replaces language and inserts a cross-reference for greater readability and conformity with current style.

97,38 Section 38. 80.48 (6) of the statutes is renumbered 80.48 (6) (a) and amended to read:

80.48 (6) (a) If any Any person through whose land such a street or highway is laid or the petitioner shall be may, if dissatisfied with the damages awarded either may under this section, appeal to the circuit court of the county in which the land is situated located. The appeal is commenced by serving a notice of appeal and undertaking upon the opposite party, with at least two 2 sureties, conditioned for the payment of all costs and damages which may be incurred if the appellant shall does not succeed; such. The notice and undertaking shall be filed with the city, village or town clerk, who shall be entitled to receive two dollars $2 for fees in making return to the clerk of the circuit court as hereinafter required; provided, that such appeal shall under par. (b). An appeal made under this paragraph does not impair the right of the public to use such the street or highway for the purpose of travel.

(b) Within ten 10 days after such papers the notice and undertaking are filed and such payment of the fees is made, the clerk with whom they the notice and undertaking are filed shall transmit the papers pertaining to the subject matter of the appeal to the clerk of the circuit court, who shall file them in the clerk of court's office, and upon such. Upon filing with the clerk of circuit court, the appeal shall be is considered an action pending in such the circuit court, subject to a change of the place of trial and an appeal to the supreme court as in other actions. The appeal shall be entered upon the records by making the party who took it appellant the plaintiff and the other party the defendant; it.

(d) Costs shall be allowed to the successful party, and if. If the landowner is the successful party shall be, the landowner costs shall be added to the judgment, and if. If the petitioner is the successful party, the costs shall be petitioner be deducted therefrom from the judgment.

Note: Subdivides provision, shortens sentences, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.