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.