The last 2 sentences of current s. 80.02 are not included in the new s. 82.10. The
sentence concerning electors approving construction costing more than $1,000 was
deleted because the special committee decided that the dollar amount was obsolete. The
prohibition on discontinuing a state trunk or county trunk highway was deleted because
the special committee decided it was unnecessary since the town does not have
jurisdiction over those highways. The prohibition on discontinuing a highway where
such discontinuance would deprive a landowner of highway access has been moved to new
s. 66.1003 (10).
The 3rd-to-last sentence of current s. 80.02 has been left out of this bill because
the special committee decided it was unnecessary. The sentence reads: "When all the
owners of lands abutting on the part of a highway sought to be altered, desire such
alteration, and the supervisors are of the opinion that the public will not be materially
affected by such alteration, the board may make the same, and may take into
consideration donations of money, land or services for the making of such alterations.".
AB678, s. 30
1Section
30. 80.025 of the statutes is renumbered 82.29 and amended to read:
AB678,15,11
282.29 Highways abutted by state park lands; discontinuance or
3relocation. Any part of a highway lying wholly within state park lands may be
4discontinued or relocated by the state agency having jurisdiction over
such abutting
5lands the state park by filing written notice of
such the discontinuance or relocation
6with the
town clerk or county clerk
of the municipality that has jurisdiction over the
7highway and upon approval by the
supervisors
municipality after holding a hearing
8as provided in s.
80.05 unless such 82.10. No discontinuance or relocation
would 9under this section may deprive
any other owner of lands a landowner of all highway 10access
thereto from a highway. This section does not apply to state trunk highways
11or connecting highways.
AB678, s. 31
12Section
31. 80.03 of the statutes is repealed.
AB678, s. 32
13Section
32. 80.04 (title) of the statutes is repealed.
AB678, s. 33
14Section
33. 80.04 of the statutes is renumbered 82.11 (2) and amended to read:
AB678,15,2115
82.11
(2) (a) No
supervisor town official may act in laying out, altering,
16widening or discontinuing
any a highway
in which the supervisor may be personally
17interested if acting would result in a violation of the code of ethics under s. 19.59 or
18of a local ordinance enacted under s. 19.59 (1m). If
one supervisor is interested the
19other 2 supervisors a town official is prevented from acting, the remaining town
20officials shall act.
If 2 supervisors are interested the 3rd supervisor shall act in the
21matter.
AB678,16,622
(b)
Whenever Every town shall have a written policy on how the town board
23will act on an application or resolution when there are fewer than 2 supervisors in
1 a the town
, the application authorized by s. 80.02 may be made to the county board,
2which shall promptly appoint a committee of 3 of its members. The committee shall
3act upon the who are able to act on the application
in the same manner and with the
4same powers in every respect as the supervisors of the town might do or resolution.
5In the absence of a policy, the town clerk may act. If the town clerk is prevented from
6acting, the treasurer may act.
Note: The special committee decided to eliminate the process of applying to the
county under current s. 80.04 (2). Instead, the special committee decided to allow the
town board to formulate its own plan to deal with situations where there is a conflict of
interest. In the absence of such a plan, new s. 82.11 (2) authorizes the town clerk and
treasurer to act in turn.
AB678, s. 34
7Section
34. 80.05 (title) of the statutes is renumbered 82.10 (3) (title) and
8amended to read:
AB678,16,99
82.10
(3) (title)
Notice of meeting; service and publication requirements.
AB678, s. 35
10Section
35. 80.05 (1) of the statutes is renumbered 82.10 (3) and amended to
11read:
AB678,17,412
82.10
(3) On Upon receipt of an application
made to supervisors for laying out,
13widening, altering or discontinuing any highway the supervisors shall prepare a 14under sub. (1) or the introduction of a resolution under sub. (2), the board shall
15provide notice
fixing therein a of the time
that and
the place
at which they where
16it will meet
and decide upon to consider the application
or resolution. The notice
17shall
specify, as near as practicable, contain a legal description of the highway
to be
18discontinued or of the proposed
highway to be laid out
, widened, or altered
or
19discontinued and the tracts of land through which the highway passes or, if the
20application is for discontinuing the whole or any portion of the highway, the tracts
21of land abutting on the highway which will be benefited or injured by such
22discontinuance. When the description in the aggregate exceeds 200 words in length,
1the notice may state that such descriptions are contained in the application as
2provided in s. 80.02, and shall give the name and address of the town clerk to whom
3the application has been delivered and a scale map of the land that would be affected
4by the application or resolution.
AB678, s. 36
5Section
36. 80.05 (2) (intro.) and (c) of the statutes are repealed.
AB678, s. 37
6Section
37. 80.05 (2) (a) of the statutes is renumbered 82.10 (4) (a) (intro.) and
7amended to read:
AB678,17,118
82.10
(4) (a) (intro.)
The town board or, at the town board's direction, the
9applicants shall publish a class 3 notice under ch. 985 and shall, at least
10 30 days
10prior to the date of before the hearing
, give notice by registered mail to all
occupants
11and of the following:
AB678,17,13
121. The owners of record of lands through which the highway may pass
or, if the
13application is for discontinuance, to the occupants and to the.
AB678,17,14
142. The owners of record of all lands abutting
on the highway.
AB678, s. 38
15Section
38. 80.05 (2) (b) of the statutes is renumbered 82.10 (4) (a) 3. and
16amended to read:
AB678,17,1817
82.10
(4) (a) 3.
Give notice by registered mail to the The department of natural
18resources
and to the.
AB678,17,20
194. The county land conservation committee in each county through which the
20highway may pass.
Note: Section 82.10 is based on current ss. 80.02 and 80.05.
The type of notice required has been changed from a class 2 to a class 3, and notices
by registered mail have been changed from 10 days before the hearing to 30 days before
the hearing. These changes were made to make the timeliness more reasonable and to
be consistent with ch. 66. In addition, the special committee decided that if the
procedures are begun by an application, the cost of publishing a notice should be borne
by the applicants.
Except as noted, no substantive change is intended.
AB678, s. 39
21Section
39. 80.06 (title) of the statutes is repealed.
AB678, s. 40
1Section
40. 80.06 of the statutes is renumbered 82.11 (1) and amended to read:
AB678,18,172
82.11
(1) The
town supervisors shall
meet at the time and place stated in their
3notice, and upon being satisfied that the notices required in s. 80.05 have been duly
4given, proof of which may be shown by affidavit or otherwise as they may require,
5shall proceed to examine personally
such examine the highway
, and shall hear any
6reason that may be offered for or against laying out, widening, altering or
7discontinuing the same, and shall decide upon or proposed highway that is the
8subject of an application or resolution under s. 82.10. At the time and place stated
9in the notice under s. 82.10, the town board shall hold a public hearing to decide, in
10its discretion, whether granting the application
and shall grant or refuse the same
11as they shall deem best for the public good; and they may adjourn from time to time,
12not exceeding in all 30 days from the time of the first meeting, giving public notice
13of the time and place of such adjournment when made, and by forthwith filing notice
14of such adjournment in the office of the town clerk or resolution is in the public
15interest. Before the town board holds a public hearing on or takes any action on the
16application or resolution, the town board must be satisfied, by affidavit of the
17applicant or otherwise, that the notices in s. 82.10 (4) have been given.
Note: The language from current s. 80.06 specifying how the supervisors may
adjourn for a period not exceeding 30 days was not carried into this bill because the special
committee decided that it was unnecessary.
AB678, s. 41
18Section
41. 80.07 (title) of the statutes is repealed.
AB678, s. 42
19Section
42. 80.07 (1) and (2) of the statutes are consolidated, renumbered
2082.12 (2) and amended to read:
AB678,19,1621
82.12
(2) When the supervisors If the board determines under sub. (1) to lay
22out, alter,
widen or discontinue any highway
they, it shall
make and sign an issue a
23highway order
therefor, incorporating therein a description of the highway and cause
1survey thereof to be made when necessary. The
highway order shall be
filed and 2recorded
in the office of with the register of deeds for the county in which the highway
3is or will be located and shall be filed with the town clerk
, who shall note in the record
4the time of recording. The order together with the award of damages shall be so filed
5within 10 days after the date fixed by their notice or adjournment for deciding upon
6the application. In case the supervisors fail to file the order and award within the
710 days aforesaid they shall be deemed to have decided against the application.
8When an order has been filed for more than 30 years and no award of damages or
9agreement or release has been filed and when the highway, or a part thereof, has been
10used by the public and public money has been expended thereon, for at least 5 years,
11it shall be presumed that a release was given by the owners of the lands over which
12the highway was laid out and the public shall be entitled to use the full width of the
13highway, as laid out, without further compensation. (2) Whenever the supervisors
14lay out, alter or discontinue any highway the. The town clerk shall
transmit submit 15a certified copy of the order
therefor to the county highway commissioner.
If the town
16has an official map, the order shall be incorporated into the official map.
Note: The special committee did not carry over from current s. 80.07 the following
language: "In case the supervisors fail to file the order and award within the 10 days
aforesaid, they shall be deemed to have decided against the application.". The special
committee decided that this might allow a town board to change its mind after a public
decision had been made.
AB678, s. 43
17Section
43. 80.08 of the statutes is renumbered 82.18 and amended to read:
AB678,20,2
1882.18 Width of highways. Except as
otherwise provided in
s. 80.13 this
19chapter, highways
laid out under this chapter shall be laid out at least
49.5 66 feet
20wide
, and when unless, in the town board's discretion, that width is impractical. If
21the town board determines that a 66-foot width is impractical, the width shall be
1determined by the town board but shall be at least 49.5 feet in width. When no width
2is specified in the
highway order
, the highway shall be 66 feet wide.
Note: Current law sets the minimum width at 49.5 feet. New s. 82.18 sets the
minimum width at 66 feet, however, the language also gives the board the option to lay
a narrower highway if it determines that 66 feet is impractical.
AB678, s. 44
3Section
44. 80.09 of the statutes is repealed.
AB678, s. 45
4Section
45. 80.10 of the statutes is repealed.
AB678, s. 46
5Section
46. 80.11 (title) of the statutes is renumbered 82.21 (title) and
6amended to read:
AB678,20,7
782.21 (title)
Highways on and across town
and municipal lines.
AB678, s. 47
8Section
47. 80.11 (1) of the statutes is renumbered 82.21 (1) (intro.) and
9amended to read:
AB678,20,1810
82.21
(1) Initiating the procedure. (intro.)
Whenever it is considered
11necessary The procedure to lay out, alter,
widen or discontinue a highway
upon on 12the line between
2 towns a town and another town, a city, or a village, or
a highway 13extending from one town into an adjoining town,
it shall be done by the supervisors
14of the 2 towns acting together. If the highway is laid out or altered it may be either
15upon or as near to the town line as the situation of the ground will admit. The
16supervisors of the 2 towns acting together may vary the location on either side of the
17town line as they consider to be necessary. city, or village, shall begin only when one
18of the following occurs in each affected municipality:
AB678, s. 48
19Section
48. 80.11 (2) (a) (intro.) of the statutes is renumbered 82.21 (2) and
20amended to read:
AB678,21,321
82.21
(2) Contents of the application or resolution. An application
or
22resolution under sub. (1) shall
be all of the following: contain a legal description of
23the highway to be discontinued or of the proposed highway to be laid out or altered
1and a scale map of the land that would be affected by the application. Upon
2completion of the requirements of sub. (1), the governing bodies of the municipalities,
3acting together, shall proceed under ss. 82.10 to 82.13.
AB678, s. 49
4Section
49. 80.11 (2) (a) 1. to 4., (b) and (c) of the statutes are repealed.
AB678, s. 50
5Section
50. 80.11 (3) (a), (b) 1. and 2. and (c) of the statutes are renumbered
682.21 (4) (a), (b), (c) and (d) and amended to read:
AB678,21,157
82.21
(4) (a)
The A highway order
under sub. (2) (c) issued by 2 towns or by a
8town and a city or village may designate the part of the highway that
each shall
be
9made and kept in construct and repair
by each town, and the share of, and pay the
10damages
for, if any
, that shall be paid by each town. Each town. As to the portion
11of the highway that the town, city, or village agrees to construct, keep in repair, and
12pay damages for, the town, city, or village shall have all of the
rights authority and
13be subject to
the liabilities all of the responsibility in relation to
the that part of the
14highway
to be made or repaired by it as if
it that part were wholly located in
that the 15town
, city, or village.
AB678,21,2016
(b)
A majority of the supervisors of each town
Two town boards or a town board
17and a city council or village board, meeting together, may make an order in
18accordance with par. (a) apportioning or reapportioning
the authority and
19responsibility for a town line highway or any part of
the a town line highway that
20they consider advisable, if any of the following conditions exists:
AB678,21,2221
1. No apportionment has been made in
an a highway order
laying out, altering
22or widening the highway or a part of the highway.
AB678,21,2323
2. The highway or
a part of the highway had its origin in user.
AB678,22,224
3. In the judgment of the
supervisors town boards, or the town board and the
25city council or village board, circumstances have been so altered since the last
1apportionment of the highway or part of the highway that the
current apportionment
2or reapportionment has been rendered inequitable or impracticable.
AB678,22,63
(c) An order made under
this paragraph par. (b) shall be filed
as provided in sub.
4(2) (c) with the clerk of each affected municipality and shall have the same effect as
5an
order apportionment made in connection with the original
laying out of the 6highway
order.
AB678,22,107
(d) Any written order or agreement made before August 27, 1947, by a majority
8of the supervisors of each town concerned, acting together, apportioning
, or
9reapportioning a town line highway has the same effect as though made on or after
10August 27, 1947.
AB678, s. 51
11Section
51. 80.11 (4) of the statutes is repealed.
AB678, s. 52
12Section
52. 80.11 (5) of the statutes is renumbered 82.21 (5) (a) and amended
13to read:
AB678,23,214
82.21
(5) (a) If
no agreement is reached under sub. (4) (b), or if an order laying
15out
, or altering
or widening a town line highway has not apportioned the
liability of
16the towns or village on account of authority and responsibility for the highway
, the
17supervisors of an affected town or the president of an affected village, after 10 days'
18notice of the time and place of hearing served on the clerk of each town and village
19to be affected, or if a municipality considers the current apportionment to be
20inequitable, an affected municipality may apply to the circuit judge of the county in
21which the affected
town or village municipality is located, for the appointment of 3
22commissioners to apportion the
liabilities of authority and responsibility between 23each affected
town and village on account of the town line highway municipality. The
24municipality filing the application shall serve a copy of the application on the clerk
25of each municipality to be affected. The circuit judge may set the time and place of
1the hearing before the commissioners at least 10 days after the application is filed
2with the judge.
AB678, s. 53
3Section
53. 80.11 (6) of the statutes is renumbered 82.21 (5) (b) and amended
4to read:
AB678,23,135
82.21
(5) (b) Upon
receipt of an application under
sub. (5) par. (a), the circuit
6judge shall appoint 3 residents of the county as commissioners. The commissioners
7shall, on not less than
5 10 days' notice nor more than 60 days' notice in writing to
8the clerk of each
town and village affected
municipality, apportion the
liabilities 9authority and responsibility of each affected
town and village municipality on
10account of the highway. The commissioners shall make the determination in writing
11and shall file the determination with the clerk of each
town and village affected
12municipality. The commissioners' determination
has shall have the same effect as
13an order made under sub.
(2), (3) or (4).
AB678, s. 54
14Section
54. 80.11 (7) of the statutes is renumbered 82.23 and amended to read:
AB678,23,24
1582.23 Municipal line bridges. Any Unless otherwise provided by statute or
16agreement, every highway bridge on a
highway that became a highway under s.
1780.01 (2) as a result of having been worked, that is between 2 towns, or between a
18town on one side and a city, village
, or
a town
and village on the other side, and that
19has not been assigned to either of the adjoining towns or village,
boundary shall be
20repaired and maintained by
the any adjoining
towns and village municipality in
21which the bridge is located. The cost of repairs and maintenance shall be paid by the
22adjoining
towns and village municipalities in proportion to the
last equalized 23valuation of the property in the adjoining
towns and village as equalized by the
24county board or boards at the last equalization municipalities.
AB678, s. 55
25Section
55. 80.11 (8) of the statutes is repealed.
AB678, s. 56
1Section
56. 80.12 (title) of the statutes is repealed.
AB678, s. 57
2Section
57. 80.12 (1) of the statutes is repealed.
AB678, s. 58
3Section
58. 80.12 (2) of the statutes is renumbered 82.21 (3) and amended to
4read:
AB678,24,115
82.21
(3) Appointment of city or village commissioners. Upon receipt of an
6application
under sub. (1), the common or introduction of a resolution, the city 7council or
village board
of trustees shall may appoint 3 commissioners
on the part 8to act on behalf of the affected city or village
in all respects. The commissioners shall
9be duly sworn to faithfully discharge their duties as commissioners before entering
10upon those duties.
The commissioners and town supervisors shall then give notice
11and proceed in all respects as provided in s. 80.11.
AB678, s. 59
12Section
59. 80.12 (3) and (4) of the statutes are repealed.
AB678, s. 60
13Section
60. 80.12 (5) of the statutes is renumbered 82.21 (6) and amended to
14read:
AB678,24,1915
82.21
(6) Where papers filed. All
proceedings and orders awards, notices, and
16papers required to be filed
and recorded shall be filed
and recorded in the office of the
17clerk of
the each affected
city, village or town municipality. Any highway orders
18issued under this section shall be recorded with the register of deeds for any county
19in which the highway is or will be located.
Note: Section 82.21 is based on current ss. 80.11 (1) through (6) and 80.12. Current
s. 80.12 is ambiguous as to whether the procedure in that section is the exclusive
procedure for laying, altering, or discontinuing a highway on the line between a town and
a city or village, or whether it merely provides a means to allow citizens to petition their
municipal governments. The special committee decided to resolve the ambiguity in favor
of making the provision the exclusive means. In addition, the special committee allowed
the governing body of each municipality to initiate the procedures in different manners.
The special committee decided not to carryover current s. 80.11 (4) which vacated
an apportionment in certain situations. The special committee decided that current s.
80.11 (4) was unnecessary and could cause a gap in the responsibility for a highway. Any
reapportionment that is necessary should be covered under the provision allowing a
reapportionment in situations where the current apportionment is judged to be
inequitable or impracticable. However, the special committee changed the language to
allow one municipality to petition the court for reapportionment if that municipality feels
the current apportionment is inequitable. The appealing municipality must serve a copy
of the application on any affected municipality.
The following language from s. 80.11 (1) was not carried over to this bill because
the special committee decided it was unnecessary: "If the highway is laid out or altered,
it may be either upon or as near to the town line as the situation of the ground will admit.
The supervisors of the 2 towns acting together may vary the location on either side of the
town line as they consider to be necessary.".
Current s. 80.12 (4) was entirely deleted because the committee decided it was
unnecessary. Current s. 80.12 (4) reads as follows: "The municipalities responsible for
a municipal line highway may cause any municipal line highway or part of a municipal
line highway that is not less than 264 feet in length, to be graded, paved, macadamized
or otherwise improved, including the establishment of the grade, construction of curbs
and gutters and installation of water and sewer mains and service pipes. The
municipalities may levy special assessments for the whole or any part of the cost of the
improvements as a tax upon the property that they determine is especially benefited by
the improvements initiated under this subsection, in the manner provided in s. 66.0703.".
The new s. 82.21 changes the obligation of a city or village to appoint
commissioners from mandatory to permissive.
AB678, s. 61
1Section
61. 80.125 of the statutes is renumbered 82.28 and amended to read:
AB678,25,9
282.28 Highways and bridges on state boundaries. A town or county The 3board of any town or county
that is bounded in part by a river
, or
by a highway
, either
4of which that is also a state boundary line may enter into
an agreement with
the
any 5adjoining municipality
or county in
such the other state for the maintenance
and
, 6construction
, and reconstruction of boundary line
highways and bridges
and for the
7maintenance and reconstruction of any boundary line highway including its bridges,
8by appropriation therefor not exceeding 50% of the total costs assignable to the
9boundary line facility. The costs shall be apportioned by agreement.
Note: The current law seems to limit the town or county to paying 50% of the costs.
The special committee decided that it would be more appropriate to allow the local
government to decide how much it is willing to pay. Thus, the new s. 82.28 states that
the apportionment shall be by agreement.
AB678, s. 62
10Section
62. 80.13 (title) of the statutes is repealed.
AB678, s. 63
11Section
63. 80.13 (1) of the statutes is renumbered 82.27 (3) and amended to
12read:
AB678,26,7
182.27
(3) Setting the hearing date; notice. When any person presents the
2town board with an affidavit that meets the requirements Upon receipt of an
3application under sub.
(1m) (2), the town board shall set a time and place to conduct
4a hearing regarding the
laying out or widening of a highway application. The
5hearing shall be held after 10 days and within 30 days of the receipt of the
affidavit 6application by the town board. Notice of the time and place of the hearing shall be
7served as required by s.
80.05 82.10 and published as a class 2 notice under ch. 985.
AB678, s. 64
8Section
64. 80.13 (1m) of the statutes is renumbered 82.27 (2) and amended
9to read:
AB678,26,1710
82.27
(2) Application. The
affidavit required under sub. (1) shall be executed
11by the owner
or lessee of real estate located within
the a town
,
may apply to the town
12board to have a highway laid out to the owner's land. Except as provided in sub. (7),
13the application shall be delivered to the town clerk of the town in which the real
14estate is located. The application shall contain
a description of an affidavit, executed
15by the applicant, that describes the affected real estate and
shall contain recites facts
16that satisfy the
supervisors board that
any of the
following circumstances
exists 17either in par. (a) or in par. (b) exist:
AB678,26,2318
(a) The real estate
described in the affidavit is shut out from all public highways
19by being surrounded
on all sides by real estate owned by other persons, or by real
20estate owned by other persons and by water, and that the owner
or lessee is unable
21to purchase a right-of-way to a public highway from the owners of the adjoining real
22estate or that such a right-of-way cannot be purchased except at an exorbitant price,
23which price shall be stated in the affidavit.
AB678,27,224
(b) 1. The owner
or lessee is the owner of a private way or road, whose width
25shall be stated in the affidavit, that leads from the described real estate to a public
1highway but the way or road is too narrow to afford the owner
or lessee reasonable
2access from the described real estate to the public highway; and
AB678,27,73
2. The owner
or lessee is unable to purchase a right-of-way from the described
4real estate to a public highway, or is unable to purchase land on either or both sides
5of the
owner's or lessee's existing way or road to make the way or road of sufficient
6width or that the right-of-way or additional land cannot be purchased except at an
7exorbitant price, which price shall be stated in the affidavit.
AB678, s. 65
8Section
65. 80.13 (3) of the statutes is renumbered 82.27 (4) and amended to
9read:
AB678,27,2010
82.27
(4) Hearing. (a) The town board shall meet at the time and place stated
11in the notice
given under sub. (1) and shall in their
and decide, in its discretion
lay
12out a highway of not less than 33 feet nor more than 49.5 feet in width from the public
13highway to the real estate described in the affidavit under sub. (1m) (a) or (b) either
14by, whether to grant the application. The board may grant the application by either 15laying out a new highway across the surrounding land or by adding
enough land to
16the width of the existing way or road described in the affidavit
under sub. (1m) (b)
17to make it. If the board decides to lay out a new highway, the new highway shall be
18at least 66 feet wide unless the board determines this width to be impracticable. If
19the board decides to widen an existing way or road, the resulting highway shall not
20be less than
33 49.5 feet nor more than
49.5 66 feet in width.
AB678,27,2521
(b) The town board shall
assess determine the damages to the owner or owners
22of the real estate
over or through on which the highway shall be laid
out or from whom
23land shall be taken and the advantages to the applicant. The town board may not
24assess determine damages in
any an amount exceeding the price stated in the
25affidavit of the applicant.
AB678, s. 66
1Section
66. 80.13 (4) of the statutes is renumbered 82.27 (4) (c) and amended
2to read:
AB678,28,123
82.27
(4) (c) Upon laying out a highway
under sub. (3) or widening a private
4way or road, the town board shall
make and sign an
issue a highway order
describing
5the laid out highway and. If it is necessary to include a turnaround, the turnaround
6shall be laid out on the applicant's land. The applicant shall pay the town treasurer
7the amount determined as advantages within 30 days of the board's decision. Within
810 days of payment, the town board shall file the order with the town clerk
together
9with its award of damages. The and record the order
shall be recorded by the clerk;
10provided, that the amount assessed as advantages to the applicant under sub. (3) is
11paid to the town treasurer before the order laying out such highway shall be filed 12with the register of deeds for the county in which the land is located.