The committee was directed to recodify chs. 80 and 81 and any matters related to
those statutes. The special committee was instructed that the recodification may include
a study of the reorganization of the chapter in a logical manner, renumbering and
retitling sections, consolidating related provisions, modernizing language, resolving
ambiguities in language, codifying court decisions, and making minor substantive
changes.
Many of the provisions in chs. 80 and 81 date from the 1800s. The changes and
additions to those chapters over the years seem to have occurred piecemeal without
regard to any internal organization. As a result, current chs. 80 and 81are unwieldy and
difficult to use.
This bill:
1. Reorganizes chs. 80 and 81 by:
a. Moving most of the provisions in current chs. 80 and 81 into a new ch. 82. The
special committee decided to create ch. 82 in order to avoid confusion between the original
and the recodified law.
b. Arranging the provisions of the new ch. 82 into a logical order. The bill creates
3 subchapters.
c. Reorganizing some of the individual sections within current chs. 80 and 81 by
combining them with other sections, dividing single sections into multiple sections, and
internally reorganizing single sections.
d. Relocating whole or partial sections of current chs. 80 and 81 outside of the new
ch. 82. This was done mainly for provisions that apply to municipalities other than towns.
2. Makes nonsubstantive changes to modernize language and reflect modern
drafting style.
3. Repeals several sections of the current chs. 80 and 81 that the special committee
concluded were unnecessary.
4. Makes substantive changes.
There are detailed notes following the sections that indicate the substantive
change, if any. If the note does not indicate a substantive change, none is intended. If
a question arises about the effect of any modification made by this bill, the special
committee intends that the revisions in this bill be construed to have the same effect as
the prior statute.
To aid in locating the renumbered sections, a table is located at the end of this bill
that identifies the treatment of each of the provisions in current chs. 80 and 81.
AB678, s. 1
3Section
1. 32.035 (4) (a) of the statutes is amended to read:
AB678,4,9
132.035
(4) (a)
When an impact statement is required; permitted. The
2department shall prepare an agricultural impact statement for each project, except
3a project under ch.
81 82 or a project located entirely within the boundaries of a city
4or village, if the project involves the actual or potential exercise of the powers of
5eminent domain and if any interest in more than 5 acres of any farm operation may
6be taken. The department may prepare an agricultural impact statement on a
7project located entirely within the boundaries of a city
or
, village
, or town or involving
8any interest in 5 or fewer acres of any farm operation if the condemnation would have
9a significant effect on any farm operation as a whole.
AB678, s. 2
10Section
2. 32.05 (intro.) of the statutes is amended to read:
AB678,5,7
1132.05 Condemnation for sewers and transportation facilities. (intro.)
12In this section, "mass transit facility" includes, without limitation because of
13enumeration, exclusive or preferential bus lanes if those lanes are limited to
14abandoned railroad rights-of-way or existing expressways constructed before
15May 17, 1978, highway control devices, bus passenger loading areas and terminal
16facilities, including shelters, and fringe and corridor parking facilities to serve bus
17and other public mass transportation passengers, together with the acquisition,
18construction, reconstruction and maintenance of lands and facilities for the
19development, improvement and use of public mass transportation systems for the
20transportation of passengers. This section does not apply
to town highways created
21or altered under ch. 80 except as to jury trials on appeals under ss. 80.24 and 80.25,
22nor to proceedings in 1st class cities under subch. II. In any city, condemnation for
23housing under ss. 66.1201 to 66.1211, for urban renewal under s. 66.1333, or for
24cultural arts facilities under subch. V of ch. 229, may proceed under this section or
25under s. 32.06 at the option of the condemning authority. Condemnation by a local
1exposition district under subch. II of ch. 229 for any exposition center or exposition
2center facility may proceed under this section or under s. 32.06 at the option of the
3local exposition district. All other condemnation of property for public alleys, streets,
4highways, airports, mass transit facilities, or other transportation facilities, gas or
5leachate extraction systems to remedy environmental pollution from a solid waste
6disposal facility, storm sewers and sanitary sewers, watercourses or water
7transmission and distribution facilities shall proceed as follows:
AB678, s. 3
8Section
3. 59.69 (5) (e) 7. of the statutes is amended to read:
AB678,5,199
59.69
(5) (e) 7. When any lands previously under the jurisdiction of a county
10zoning ordinance have been finally removed from such jurisdiction by reason of
11annexation to an incorporated municipality, and after the regulations imposed by the
12county zoning ordinance have ceased to be effective as provided in sub. (7), the board
13may, on the recommendation of its zoning agency, enact amendatory ordinances that
14remove or delete the annexed lands from the official zoning map or written
15descriptions without following any of the procedures provided in subds. 1. to 6., and
16such amendatory ordinances shall become effective upon enactment and publication.
17A copy of the ordinance shall be forwarded by the clerk to the clerk of each town in
18which the lands affected were previously located. Nothing in this paragraph shall
19be construed to nullify or supersede s.
80.64 66.1031.
AB678, s. 4
20Section
4. 59.84 (2) (f) 5. of the statutes is amended to read:
AB678,6,221
59.84
(2) (f) 5. The governing body of the municipality shall, within 30 days
22after filing, take the necessary action to comply with the order and in so doing shall
23not be limited by the objections of an abutting owner, and s.
80.32 (4) 66.1005 (2) shall
24not be applicable to any vacation or discontinuance required by the order, and any
25such municipality may act upon the initiative of its governing body without the
1necessity of obtaining the consent of an abutting owner, notwithstanding chs. 60, 61,
262 and 66 and s.
80.32 (4) 66.1005 (2) and any other provisions of law to the contrary.
AB678, s. 5
3Section
5. 60.10 (1) (d) of the statutes is repealed.
Note: The committee repealed s. 81.05 because the committee believed that it was
no longer used by towns. Current s. 60.10 (1) (d) is merely a cross-reference to s. 81.05.
AB678, s. 6
4Section
6. 60.23 (17) of the statutes is amended to read:
AB678,6,65
60.23
(17) Change street names. Name, or change the name of, any street in
6the town under s.
81.01 (11) 82.03 (7).
AB678, s. 7
7Section
7. 60.24 (3) (n) of the statutes is repealed.
Note: Section 60.24 (3) (n) reads as follows: "Perform duties in connection with
selection of jurors in actions relating to the taking of property to provide access to a
cemetery, fairground, or land used for industrial expositions under s. 80.48 (3) and (4).".
The special committee deleted current s. 80.48 because it concluded that the section was
no longer necessary.
AB678, s. 8
8Section
8. 60.24 (3) (o) of the statutes is amended to read:
AB678,6,109
60.24
(3) (o) Sign orders for payment of work performed and materials
10furnished on town highways
under s. 81.04.
Note: This bill entirely deletes the language in current s. 81.04. Therefore, this
section deletes the cross-reference.
AB678, s. 9
11Section
9. 60.24 (3) (p) of the statutes is amended to read:
AB678,6,1312
60.24
(3) (p) See that all tunnels in the town are constructed under s.
81.35 1382.37 and that they are kept in good repair.
AB678, s. 10
14Section
10. 60.33 (10) of the statutes is amended to read:
AB678,6,1615
60.33
(10) Highways and bridges. Perform the duties specified in chs.
80 82 to
1692, relating to highways, bridges and drains.
AB678, s. 11
17Section
11. 60.37 (4) (a) of the statutes is amended to read:
AB678,7,418
60.37
(4) (a) An elected town officer who also serves as a town employee may
19be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000
20each year. Amounts that are paid under this paragraph may be paid in addition to
1any amount that an individual receives under s. 60.32 or as a volunteer fire fighter,
2emergency medical technician, or first responder under s. 66.0501 (4). The $5,000
3maximum in this paragraph includes amounts paid to a town board supervisor who
4is acting as superintendent of highways under s.
81.01
82.03 (1).
AB678, s. 12
5Section
12. 62.73 (1) of the statutes is amended to read:
AB678,7,136
62.73
(1) The common council of a 1st class city may vacate in whole or in part
7highways, streets, alleys, grounds, waterways, public walks and other public
8grounds within the corporate limits of the city that it determines the public interest
9requires to be vacated or are of no public utility, subject to s.
80.32 (4) 66.1005 (2).
10Proceedings under this section shall be commenced either by a petition presented to
11the common council signed by the owners of all property which abuts the portion of
12the public facilities proposed to be vacated, or by a resolution adopted by the common
13council. The requirements of s. 840.11 apply to proceedings under this section.
AB678, s. 13
14Section
13. 66.1003 (2) and (3) of the statutes are amended to read:
AB678,7,2415
66.1003
(2) The common council of any city, except a 1st class city, or a village
16or town board may discontinue all or part of a public way upon the written petition
17of the owners of all the frontage of the lots and lands abutting upon the public way
18sought to be discontinued, and of the owners of more than one-third of the frontage
19of the lots and lands abutting on that portion of the remainder of the public way
20which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within
21so much of that 2,650 feet as is within the corporate limits of the city, village or town.
22The beginning and ending of an alley shall be considered to be within the block in
23which it is located. This subsection does not apply to a highway upon the line
24between 2 towns that is subject to s.
80.11 82.21.
AB678,8,7
1(3) The common council of any city, except a 1st class city, or a village or town
2board may discontinue all or part of an unpaved alley upon the written petition of
3the owners of more than 50% of the frontage of the lots and lands abutting upon the
4portion of the unpaved alley sought to be discontinued. The beginning and ending
5of an unpaved alley shall be considered to be within the block in which it is located.
6This subsection does not apply to a highway upon the line between 2 towns that is
7subject to s.
80.11 82.21.
AB678, s. 14
8Section
14. 66.1003 (10) of the statutes is created to read:
AB678,8,119
66.1003
(10) Notwithstanding ss. 82.10 and 82.21, no city council or county,
10village, or town board may discontinue a highway when the discontinuance would
11deprive a landowner or a public school of all access to a highway.
Note: New s. 66.1003 is based on the last sentence of current s. 80.02, which reads:
"No town board shall discontinue . . . any highway when such discontinuance would
deprive the owner of lands of access therefrom to a highway" and on the last sentence of
current s. 80.16 which reads: "No highway shall be discontinued when the effect of such
discontinuance shall be to exclude a public school from access to the public highways.".
The special committee believes that, in practice, the current language applies to cities,
counties, villages, and towns. Therefore, the new s. 66.1003 specifically includes cities,
villages, and counties and moves the provision to ch. 66. No substantive change is
intended.
AB678, s. 15
12Section
15. 66.1005 (title) of the statutes is created to read:
AB678,8,13
1366.1005 (title)
Reversion of title.
AB678, s. 16
14Section
16. 66.1033 (1) and (3) of the statutes are created to read:
AB678,8,1515
66.1033
(1) In this section:
AB678,8,1616
(a) "Political subdivision" means a city, village, town, or county.
AB678,8,1717
(b) "Public way" means a highway, street, slip, pier, or alley.
AB678,9,5
18(3) For proceedings taken, or for plats, deeds, orders, or resolutions executed
19after the effective date of this subsection .... [revisor inserts date], except as provided
20in s. 840.11, no defect, omission, or informality in the proceedings of, or execution of
1a plat, deed of dedication, order, or resolution by, a political subdivision shall affect
2or invalidate the proceedings, plat, deed, order, or resolution after 5 years from the
3date of the proceedings, plat, deed, order, or resolution. The public way dedicated,
4laid out, or altered by a defective or informal proceeding, plat, deed, order, or
5resolution shall be limited in length to the portion actually worked and used.
AB678, s. 17
6Section
17. Chapter 80 (title) of the statutes is repealed.
AB678, s. 18
7Section
18. 80.01 (title) of the statutes is repealed.
AB678, s. 19
8Section
19. 80.01 (1) (title) of the statutes is repealed.
AB678, s. 20
9Section
20. 80.01 (1) of the statutes is renumbered 82.01 (8) and amended to
10read:
AB678,9,1611
82.01
(8) In this section, "recorded "Recorded highway" means a highway for
12which the order laying out
or altering the highway, or a certified copy of the order,
13has been
filed recorded in the office of the
clerk of the town or register of deeds in the
14county in which the highway is situated
or, for highways that were laid out or altered
15before the effective date of this subsection .... [revisor inserts date], in the office of the
16clerk of the town or the county in which the highway is situated.
Note: All but one of the definitions in s. 82.01 is new. The only term that is
specifically defined in chs. 80 and 81 is "recorded highway". That definition has been
included with the modification that the order must be filed with the register of deeds
rather than the town or county clerk. The term "widened" has been deleted throughout
the bill because the special committee concluded that it was redundant of the term
"altered".
AB678, s. 21
17Section
21. 80.01 (1m) (title) of the statutes is renumbered 82.31 (title).
AB678, s. 22
18Section
22. 80.01 (1m) of the statutes is renumbered 82.31 (1) and amended
19to read:
AB678,9,22
2082.31 (1) Recorded highways. Any recorded highway that has been laid out
21by the town supervisors, the county board or by a committee of the board, or by
22commissioners appointed by the legislature, or by any other authority, any portion
1of which has been opened and worked for 3 years under this chapter is a legal
2highway
only to the extent that it has been opened and worked
for 3 years. Any laid
3out highway that has not been fully and sufficiently described or recorded or for
4which the records have been lost or destroyed is presumed to be 66 feet wide.
AB678, s. 23
5Section
23. 80.01 (2) of the statutes is renumbered 82.31 (2), and 82.31 (2)
6(title), (b) and (c), as renumbered, are amended to read:
AB678,10,87
82.31
(2) (title)
Unrecorded highways
validated, exception; grants for
8highway purposes, presumptive width.
AB678,10,129
(b) No road or bridge built upon the bottoms and sloughs of the Mississippi
10River by citizens or a municipality of any other state shall become a legal highway
11or a charge upon the town in which the road is located unless upon petition the
12highway is legally laid out by the town
supervisors
board.
AB678,10,1713
(c) No lands granted for highway purposes that did not become a legal highway
14prior to July 1, 1913, shall become a legal highway unless the grant is accepted by
15the town board or by the town meeting of the town
wherein where the lands and
16proposed highway are located, and until a resolution of acceptance of the grant is
17recorded in the office of the town clerk.
AB678, s. 24
18Section
24. 80.01 (3) of the statutes is renumbered 66.1037 and amended to
19read:
AB678,11,11
2066.1037 Beautification and protection. No lands abutting on any highway,
21and acquired or held for highway purposes, shall be deemed discontinued for such
22purpose purposes so long as they abut on any highway. All lands acquired for
23highway purposes after June 23, 1931
, may be used for any purpose that the
public
24authorities city, village, town, or county in control of
such the highway
shall deem 25to conduce to determines promotes the public use and enjoyment
thereof. Such
1authorities. The city, village, town, or county may improve such lands by suitable
2planting, to prevent the erosion of the soil
, or to beautify the highway. The right to
3protect and to plant vegetation in any highway laid out prior to
said date June 23,
41931, may be acquired in any manner that lands may be acquired for highway
5purposes. It shall be unlawful for any person to injure any tree or shrub, or cut or
6trim any vegetation
other than grass, or make any excavation in any highway laid
7out after
said date June 23, 1931, or where the right to protect vegetation has been
8acquired, without the consent of the highway authorities and under their direction
9but such. The authorities shall remove, cut
, or trim or consent to the removing,
10cutting
, or
removal trimming of any tree, shrub
, or vegetation in order to provide
11safety to users of the highway.
Note: The inclusion of "other than grass" was made to ensure that property owners
could trim grass near their property.
AB678, s. 25
12Section
25. 80.01 (4) (title) of the statutes is renumbered 66.1033 (title) and
13amended to read:
AB678,11,15
1466.1033 (title)
Highways, streets and alleys, piers, plats, curative
15Curative provisions.
AB678, s. 26
16Section
26. 80.01 (4) of the statutes is renumbered 66.1033 (2) and amended
17to read:
AB678,12,1218
66.1033
(2) Every street, highway and alley, pier and slip, dedicated or
19attempted and intended to be dedicated in any plat or laid out, altered, vacated or
20discontinued, or attempted or intended to be laid out, altered, vacated or
21discontinued by the authorities of any county, town, city or village shall be held to
22have been lawfully so dedicated, laid out, altered, vacated or discontinued from and
23after the expiration of 5 years from the date of the deed, instrument, plat, order,
1resolution or other final proceeding had or taken to effectuate such purpose. No For
2proceedings taken, or for plats, deeds, orders, or resolutions executed before the
3effective date of this subsection .... [revisor inserts date], notwithstanding s. 840.11,
4no defect, omission or informality in the
proceedings of, or execution of
any a plat
or, 5deed of dedication
or in any proceedings, order
, or resolution
on the part of such
6authorities for the purposes aforesaid by, a political subdivision shall affect or
7invalidate
such the proceedings, plat, deed, order
, or resolution
or proceeding, after
8the expiration of 5 years from the date of the
proceeding, plat, deed,
proceeding, 9order
, or resolution
; provided, the street or alley. The public way dedicated, laid out,
10or altered by
such a defective
, or informal
proceeding, plat, deed,
proceeding, order
, 11or resolution
, shall be limited in length to the portion actually worked and used
12thereunder.
Note: The following language was repealed because the special committee decided
it was redundant of the rest of the provision: "Every street, highway and alley, pier and
slip, dedicated or attempted and intended to be dedicated in any plat or laid out, altered,
vacated, or discontinued, or attempted or intended to be laid out, altered, vacated, or
discontinued by the authorities of any county, town, city, or village shall be held to have
been lawfully so dedicated, laid out, altered, vacated, or discontinued from and after the
expiration of 5 years from the date of the deed, instrument, plat, order, resolution, or other
final proceeding had or taken to effectuate such purpose.".
The new s. 66.1029 attempts to resolve a conflict between current s. 80.01 (4) and
current s. 840.11. Current s. 840.11 requires any person applying to lay out, widen,
vacate, or extend a highway to file a notice of the pendency of the application. Failure
to file the notice renders all proceedings based on the application void. Current s. 80.01
(4), however, appears to cure all defects and procedural errors after 5 years. The special
committee discussed whether one of the provisions should overrule the other and decided
on a compromise. Under the new s. 66.1029 a failure to comply with s. 840.11 prior to the
effective date of the act will not void an action. But, after the effective date of the act, the
new s. 66.1029, would cure all defects except a failure to comply with s. 840.11.
AB678, s. 27
13Section
27. 80.01 (5) of the statutes is renumbered 66.1024 and amended to
14read:
AB678,13,8
1566.1024 Effect of reservation or exception in conveyance. Whenever
a
16an executed and recorded deed, land contract
, or mortgage of lands abutting on an
17existing public street, highway
, or alley or a projected extension thereof
hereafter
1executed and recorded contains language reserving or excepting certain lands for
2street, highway
, or alley purposes,
such the reservation or exception shall constitute
3a dedication for such purpose to the public body having jurisdiction over
such the 4highway, street, alley
, or projected extension thereof, unless the language of
such the 5reservation or exception plainly indicates an intent to create a private way.
Such
6dedication may be Any reservation or exception shall not be effective until it is 7accepted by
a resolution of the governing body having jurisdiction over such street,
8highway, alley
, or projected extension thereof.
Note: The special committee decided that s. 80.01 (5) was more appropriately
placed in ch. 66. The last sentence of new s. 66.1024 was changed to make clear that the
reservation must be accepted by the governing body.
AB678, s. 28
9Section
28. 80.02 (title) of the statutes is repealed.
AB678, s. 29
10Section
29. 80.02 of the statutes is renumbered 82.10 (1) (intro.) and amended
11to read:
AB678,13,2112
82.10
(1) Application for highway changes. (intro.)
When 6 Six or more
13resident freeholders
wish may apply to the town board to have a highway laid out,
14widened, altered
, or discontinued
in their town, they may make application in
15writing to the supervisors of said town for that purpose. The application
may shall
16be in writing and shall be delivered
to any supervisor or to the town clerk.
In case
17the application is for the discontinuance of all or of a part of any highway, and it is
18desired, as permitted by s. 80.05, to omit from the notice the description of the lands
19abutting upon such highway which will be benefited, injured or damaged by the
20discontinuance of such highway or any part thereof, the The application shall
21contain
the all of the following:
AB678,14,15
22(a) A legal description of the
lands abutting upon such highway which will be
23benefited, injured or damaged by the discontinuance of such highway or any part
1thereof and shall be delivered to the town clerk with a request in writing that such
2application remain on file with the clerk until the time set for hearing for reference
3and inspection by any parties concerned. When all the owners of lands abutting on
4the part of a highway sought to be altered, desire such alteration, and the supervisors
5are of the opinion that the public will not be materially affected by such alteration,
6the board may make the same, and may take into consideration donations of money,
7land or services for the making of such alterations. When the laying out of a highway
8would require the construction of a bridge costing more than $1,000, exclusive of
9donations, the order of the supervisors laying out such highway shall not be effective
10unless approved by the electors of the town, and an estimate by the department of
11transportation shall be conclusive of the cost of such bridge for the purposes of this
12section. No town board shall discontinue any part of a state trunk or county trunk
13highway, nor discontinue any highway when such discontinuance would deprive the
14owner of lands of access therefrom to a highway
to be discontinued or of the proposed
15highway to be laid out or altered.
Note: Under current law, an application for laying out or altering, can be delivered
to either a supervisor or the town clerk, while an application for discontinuance can only
be delivered to the town clerk. Under the bill, all applications must be delivered to the
town clerk.
Under current s. 80.02, an application for discontinuance must contain a
description of the lands that will be benefited, injured, or damaged by the discontinuance
only if "it is desired" to exclude such a description from the notice. However, it is the
supervisors who make the notice and the freeholders who make the application. Thus,
the use of "it is desired" creates an ambiguity as to who wants to exclude the description
from the notice. New s. 82.10 (1) requires all applications to contain a legal description
of the highway and a scale map of the affected land.
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: