LRB-4052/1
JTK:kmg:km
1999 - 2000 LEGISLATURE
January 11, 2000 - Introduced by Representative Albers, cosponsored by Senator
Burke, by request of The Claims Board. Referred to Joint committee on
Finance.
AB650,1,3
1An Act relating to: expenditure of $9,926 from moneys appropriated to the
2department of transportation in payment of a claim against the state made by
3Robert and Dorothy Messner.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $9,926 from moneys appropriated to the
department of transportation (DOT) for the 1999-2001 fiscal biennium for
maintenance and repair of state highways and certain related programs in payment
of a claim against DOT by Robert and Dorothy Messner. The claimants operate an
apple orchard adjacent to STH 49 near Brownsville (Dodge County). In 1998, the
claimants had 136 dead, dying or damaged apple trees near the highway, which a
plant pathologist determined to be caused by salt spray. Based on average net
income for the years 1994 to 1997, the claimants estimated that the damage resulted
in $9,926 in net loss of income for 1998. DOT asserts that it attempted to reduce the
amount of salt applied to the highway in response to the claimants' concerns, but that
it has a duty to maintain the roadway in a safe condition for the traveling public, and
that discontinuing the use of salt is not a viable option. DOT also asserts that the
claimants should exercise prudent planting practices in areas near the highway. On
October 19, 1999, the claims board recommended payment of this claim (see Senate
Journal, p. 307).
For further information see the state 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:
AB650, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.395 (3) (eq) of the statutes, as affected by the acts
3of 1999, $9,926 in payment of a claim against the state made by Robert and Dorothy
4Messner, Brownsville, Wisconsin, as reimbursement for losses incurred in 1998 as
5the result of damage to the claimants' apple orchard caused by salt spray from STH
649, to which the department of transportation applied road salt. Acceptance of this
7payment releases this state and its officers, employes and agents from any further
8liability resulting from damage to the claimants' property incurred in 1998.
