AB748,19,7 5(2) In case any juror fails to appear at the time and place fixed for their the
6meeting under sub. (1) (c), the judge shall summon another juror shall be summoned
7in the missing juror's place.
AB748,19,12 8(3) Any juror may be excused for good cause, and if any. Any juror duly who
9is
summoned and under sub. (1) (c), is not excused and fails to serve that juror shall
10forfeit not to exceed $10, and shall be liable to the party having the costs of the appeal
11to pay for additional costs made in consequence of such resulting from the juror's
12failure to serve.
Note: Subdivides provision, inserts cross-references and replaces language for
greater clarity and conformity with current style.
AB748, s. 30 13Section 30. 80.28 of the statutes renumbered 80.28 (1) and is amended to read:
AB748,19,1914 80.28 (1) The jury selected under s. 80.27 shall be sworn by the judge to justly
15and impartially to make such appraisal, and appraise the damages, the award of
16which is appealed from. The jury
shall proceed to view such the highway, subject to
17the appealed order,
and hear the statements and proofs of the parties, and such. The
18jury may increase or diminish decrease the amount awarded, and they shall make
19sign and return of their the jury's appraisal to the judge signed by them; and in.
AB748,20,2 20(2) (a) In case of appeal by a landowner if the jury shall increase the award
21under s. 80.24, the costs and expenses of the proceedings shall be paid by the proper
22town, city or village; but if the jury shall not increase the award the costs and

1expenses shall be paid by the appellant, and in
if the jury increases the amount
2awarded or by the appellant if the jury does not increase the amount awarded.
AB748,20,6 3(b) In case of an appeal by a taxpayer if the award appealed from is diminished,
4the costs and expenses of the proceedings shall be paid by the town, city or village,
5otherwise
if the jury decreases the amount awarded or by the appellant if the jury
6does not decrease the amount awarded
.
AB748,20,8 7(c) In case of cross-appeals if the damages involved therein are unchanged,
8each appellant shall pay half 50% of said the costs and expenses of the proceedings.
AB748,20,13 9(3) If the jury shall fail fails to agree and be is discharged by the judge for that
10reason, the judge shall immediately proceed to make select another list of such
11freeholders,
jury under this section and s. 80.27 (1) and further proceedings shall be
12had thereon on the appeal under s. 80.27 and this section in all respects as in the case
13of a first jury.
AB748,20,17 14(4) (a) When the jury shall have made a return of their has returned its
15appraisal to the judge, the judge shall adjust the costs and expenses of such the
16proceedings, and within 10 days thereafter return such the appraisal to the town
17clerk, together with all the other following, which shall be filed by the clerk:
AB748,20,18 181. All papers relating to such the appeal, a.
AB748,20,19 192. A statement of the proceedings had before the judge, and.
AB748,20,22 203. A detailed statement of the cost and expenses in detail, duly of the
21proceedings
certified by the judge, which shall be forthwith filed by the clerk; and if
22two
.
AB748,20,25 23(b) If 2 towns or a town and a city or village be are interested , the judge shall
24make and file a certified copy of the appraisal papers and statements with the clerk
25of such other each interested town, city or village.

Note: Subdivides provision, inserts cross-references, replaces word form of
number with digits and replaces language for greater clarity and conformity with current
style.
AB748, s. 31 1Section 31. 80.29 of the statutes is amended to read:
AB748,21,6 280.29 Appeal costs; jurors' fees. Each juror who serves under s. 80.28 shall
3receive $3 for services and 10 cents a mile for actual and necessary travel in going
4to and returning from the place of meeting,. Costs under this section are payable in
5advance by the party appealing, and to be are a charge against the party finally liable
6for the costs of the proceeding.
Note: Inserts cross-reference for greater clarity.
AB748, s. 32 7Section 32. 80.32 (4) of the statutes is renumbered 80.32 (4) (a) (intro.) and
8amended to read:
AB748,21,159 80.32 (4) (a) (intro.) Whenever any public highway or public ground has been
10vacated or discontinued the, any easements and rights incidental thereto acquired
11by or belonging to any county, school district, town, village or city or to any utility or
12person in and relating to any underground or overground structures, improvements
13or services and all rights of entrance, maintenance, construction and repair of the
14same structures, improvements or services shall continue, unless one of the following
15applies:
AB748,21,20 161. The owner of the easements and incidental rights gives written consent to
17the discontinuance of such the easements and rights by the owner thereof is as a part
18of the vacation or discontinuance proceedings and reference thereto is made in the
19vacation or discontinuance resolution, ordinance or order, or discontinued by failure
20refers to the owner's written consent.
AB748,22,2 212. The owner of the easements and incidental rights fails to use the same
22easements and rights for a period of 4 years from the time that the public highway

1or public ground was vacated or discontinued. Upon the failure of the interested
2parties to reach an agreement permitting discontinuance of such
AB748,22,7 3(b) (intro.) The easements and incidental rights or upon refusal of the owner
4of such easements and rights to give written consent to the discontinuance thereof,
5such easements and rights
described in par. (a) may be discontinued in the vacation
6or discontinuance proceedings in any case where benefits or damages are to be
7assessed as herein provided. in par. (c), if one of the following applies:
AB748,22,19 8(c) Damages for the discontinuance of such the easements and rights, in the
9described in par. (a) shall be assessed against the land benefited in the proceedings
10for assessment of damages or benefits upon the vacation or discontinuance of the
11public highway or public ground. The
amount of the damages shall be the present
12value of the property to be removed or abandoned, plus the cost of removal, less the
13salvage thereon value of the removed or abandoned property, or in such any other
14amount as that may be agreed upon between the interested parties, shall be assessed
15against the land benefited in the proceedings for assessment of damages or benefits
16upon the vacation or discontinuance of the public highway or public ground
. The
17owner of such the easements and incidental rights, upon application to the treasurer
18and upon furnishing satisfactory proof shall be entitled to any payments of or upon
19such the assessment of damages.
AB748,22,23 20(d) Any person aggrieved by such the assessment of damages under this
21subsection
may appeal therefrom the assessment in the same time and manner as
22is provided for appeals from assessments of damages or benefits in vacation or
23discontinuance 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.
AB748, s. 33
1Section 33. 80.32 (4) (b) 1. and 2. of the statutes are created to read:
AB748,23,32 80.32 (4) (b) 1. The interested parties fail to reach an agreement permitting
3discontinuance of the easements and incidental rights.
AB748,23,54 2. The owner of the easements and incidental rights refuses to give written
5consent to their discontinuance.
Note: Recreates language to reposition text in s. 80.32 (4). See the previous section
of this bill.
AB748, s. 34 6Section 34. 80.37 of the statutes is renumbered 80.37 (1) and amended to read:
AB748,23,187 80.37 (1) Whenever the record of the laying out of any highway has been or
8shall be
is lost or destroyed, the supervisors of the town in which such the highway
9is situated located, upon notice being served on all interested parties in accordance
10with s. 80.05,
may make a new record thereof by a written order, which shall be
11entered on the town records. Whenever the supervisors shall contemplate making
12such new record they shall make a
of the highway. The notice and shall fix therein
13a
the time when and place at which they where the supervisors will meet and decide
14upon the same, which making the new record. The notice shall specify as near as may
15be the highway as to for which they propose to make such the proposed record. Such
16notice shall be served as provided by s. 80.05; but notice
will be made. Notice need
17not be given to such persons as who waive the same notice or consent to the making
18of the order either before or after it is entered.
AB748,24,8 19(2) The supervisors shall meet pursuant to the notice given under sub. (1) and
20hear any arguments or evidence that may be offered for or against the proposed new
21record, and thereupon decide make a new record as they deem consider proper. They
22The supervisors may adjourn from time to time, and an entry of each adjournment
23shall be made in the record by the town clerk. If they the supervisors find that the

1highway is a legal one highway the record whereof of which is lost or destroyed, they
2shall make an a written order determining such stating those facts and specifying
3the course, width and other pertinent description of the highway, and such. The
4order shall be filed and recorded in the office of the town clerk, who shall note the time
5of recording it the order in the record. Any number of highways may be included in
6one such notice or order, and a under this section. A failure or refusal to make a new
7record for any highway shall does not preclude a subsequent proceeding for that
8purpose.
AB748,24,18 9(3) Any person through whose land such a highway shall pass described in an
10order entered under sub. (2) passes
may appeal from such the order on the ground
11that the highway described therein in the order was not theretofore a legal highway
12in fact. The appeal shall be made in the time and manner provided for appealing from
13orders laying out highways, and like proceedings, as near as may be, shall be had
14thereon on the appeal as in case of appeals from such orders. The laying out
15highways. No person may call into question the
regularity of such proceedings shall
16not be called in question by any person
under this section except owners of land on
17whom such notice should have been served but on whom it was not in fact served, was
18not
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.
AB748, s. 35 19Section 35. 80.48 (3) of the statutes is renumbered 80.48 (3) (a) and amended
20to read:
AB748,25,721 80.48 (3) (a) At the time and place specified in the notice given under sub. (2),
22the circuit judge of the county, the president of the village or the chairperson of the
23town in which the land sought to be taken lies shall issue a precept directed to the

1sheriff of the county or to any constable, naming the sheriff or constable, which. The
2precept shall direct the officer to write sheriff or constable to make a written list
3containing
the names of 36 freeholders of the county who are qualified to serve as
4jurors in the circuit court and to return the list. After being sworn to perform the
5duties required to the best of his or her ability, without partiality, the officer sheriff
6or constable
shall immediately write the names make and deliver the list thereof to
7the officer who issued the precept; and from.
AB748,25,18 8(b) From the list made under par. (a), each party, in person or by an agent or
9attorney, commencing with the petitioner, shall in turn strike out alternately, a name
10from the list until each has stricken
12 names, and if. If either party is absent or
11refuses to strike out the names, the officer who issued the precept shall appoint some
12person to strike 12 names for the absent or nonparticipating person. The officer shall
13then summon the 12 persons whose names remain on the list in the manner
14prescribed under s. 756.05 to appear at the time and place mentioned in the
15summons for the purpose of determining the necessity of taking for the public use the
16land described in the petition; if. If any of the persons summoned fail to attend others
17may be selected in the same mode manner to fill the vacancy, and for that purpose
18the proceedings may be adjourned from time to time.
AB748,25,22 19(c) When 12 persons are thus have been secured in accordance with par. (b),
20they shall be sworn by the officer who issued the precept to faithfully and impartially
21discharge the duties imposed upon them, which. The oath shall be filed with the city,
22village or town clerk.
AB748,25,24 23(d) The number of persons listed and summoned shall be proportionately
24reduced 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.
AB748, s. 36 1Section 36. 80.48 (4) of the statutes is renumbered 80.48 (4) (a) and amended
2to read:
AB748,26,133 80.48 (4) (a) After the jurors selected under sub. (3) are sworn, the circuit or
4municipal judge, president or chairperson shall issue his or her precept directed to
5them and requiring that within 10 days they shall view the land specified therein and
6make return to him or her under their hands
in the precept and issue a decision,
7signed by each juror,
as to whether it is necessary to take it the land for public use
8as described in the petition; the. The jurors shall, at a time to be fixed by them, view
9the premises; the. The parties interested shall have notice of the time of, and may
10offer to the jury any evidence pertinent to, the inquiry; after. After viewing the
11premises and hearing the evidence the jury shall determine whether a necessity
12exists for taking the land and shall return their its verdict to the officer who issued
13the precept.
AB748,26,22 14(b) On the receipt thereof of the jury's verdict, the officer shall, as soon as may
15be
possible, submit the same verdict to the council, trustees or supervisors, and for
16that purpose may call a meeting of either body and deliver the verdict to them; the.
17The
body to which it the verdict is so delivered shall, if in their its judgment the public
18good requires it, immediately make an order laying out a street or highway from the
19nearest street or highway which can be used as a convenient means of approach to
20the cemetery, fairground or land used for industrial expositions. The street or
21highway so laid shall not be less than 3 49.5 feet nor more than 4 rods 66 feet in width,
22and
.
AB748,27,8
1(c) The body issuing the order under par. (b) shall, in the order they shall,
2appoint 3 disinterested residents of the county as commissioners who. The
3commissioners
shall, after notice to the owners or occupants of the land and after
4being sworn to support the U.S. constitution of the United States and the
5constitution of this state and faithfully discharge their duties to the best of their
6ability, assess adequate damages to the owners of the land through which the street
7or highway is laid. The award of damages shall be signed by the commissioners and
8be 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.
AB748, s. 37 9Section 37. 80.48 (5) of the statutes is amended to read:
AB748,27,1510 80.48 (5) Opening highway. The street commissioner of such the city or village
11or the superintendent of highways of such the town, after who made the order under
12sub. (4)
laying out such the street or highway has been filed, upon the filing of the
13order
with the city, village or town clerk, shall forthwith immediately open the street
14or highway so laid, provided that the petitioner shall have paid to the city, village or
15town treasurer the damages awarded.
Note: Replaces language and inserts a cross-reference for greater readability and
conformity with current style.
AB748, s. 38 16Section 38. 80.48 (6) of the statutes is renumbered 80.48 (6) (a) and amended
17to read:
AB748,28,618 80.48 (6) (a) If any Any person through whose land such a street or highway
19is laid or the petitioner shall be may, if dissatisfied with the damages awarded either
20may
under this section, appeal to the circuit court of the county in which the land is
21situated located. The appeal is commenced by serving a notice of appeal and
22undertaking upon the opposite party, with at least two 2 sureties, conditioned for the

1payment of all costs and damages which may be incurred if the appellant shall does
2not succeed; such. The notice and undertaking shall be filed with the city, village or
3town clerk, who shall be entitled to receive two dollars $2 for fees in making return
4to the clerk of the circuit court as hereinafter required; provided, that such appeal
5shall
under par. (b). An appeal made under this paragraph does not impair the right
6of the public to use such the street or highway for the purpose of travel.
AB748,28,15 7(b) Within ten 10 days after such papers the notice and undertaking are filed
8and such payment of the fees is made, the clerk with whom they the notice and
9undertaking
are filed shall transmit the papers pertaining to the subject matter of
10the appeal to the clerk of the circuit court, who shall file them in the clerk of court's
11office, and upon such. Upon filing with the clerk of circuit court, the appeal shall be
12is considered an action pending in such the circuit court, subject to a change of the
13place of trial and an appeal to the supreme court as in other actions. The appeal shall
14be entered upon the records by making the party who took it appellant the plaintiff
15and the other party the defendant; it .
AB748,28,17 16(c) The appeal shall be tried by a jury unless such mode of trial the jury is
17waived, and costs.
AB748,28,21 18(d) Costs shall be allowed to the successful party, and if. If the landowner is
19the
successful party shall be, the landowner costs shall be added to the judgment , and
20if
. If the petitioner is the successful party, the costs shall be petitioner be deducted
21therefrom 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.
AB748,28,2222 (End)
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