AB678,30,1416
82.27
(7) Highway from shut-off land through Laying out a highway to an
17adjoining town. When the owner of land that is shut out from all highways by being
18surrounded by lands belonging to other persons, and If it is impracticable to lay out
19a
road from that owner's land to a public highway to an existing highway
that is 20in the town where the land is situated,
and it is practicable to lay out a highway from
21said land a landowner may apply to have a highway laid out to a highway in an
22adjoining town
, that owner may.
The application shall comply with the requirements
23of sub. (2), except that the affidavit shall also state that it is impracticable to lay out
24a new highway to an existing highway in the town where the land is located and that
25it is practicable to lay out a highway to an existing highway in the adjoining town.
1The owner shall execute
an affidavit
the application in duplicate and present one
2copy to
a supervisor the clerk of the town where the land is
situated located and one
3copy to
a supervisor the clerk of the town where the proposed highway is to be laid
4out. The
affidavit shall set forth the facts above stated, together with the facts
5required in the affidavit provided under s. 80.13. The supervisors of the 2 towns town
6boards shall proceed as provided
under said s. 80.13 in this section, except that all
7orders and notices shall be signed by
the supervisors of both
boards, and all papers
8required to be filed shall be made in duplicate and filed with each town clerk. The
9applicant shall pay the amount
assessed determined as advantages
to the applicant
10shall be paid by the applicant to the
town treasurer of the town
where in which the
11applicant's land is situated
before the order laying out the highway is filed, and all 12within 30 days of the decision. The order shall be recorded within 10 days of
13payment. All damages assessed shall be paid by the town where the
applicant's land
14of the applicant is situated.
AB678, s. 70
15Section
70. 80.15 (title) of the statutes is renumbered 82.27 (8) (title).
AB678, s. 71
16Section
71. 80.15 of the statutes is renumbered 82.27 (8) (a) and amended to
17read:
AB678,30,2318
82.27
(8) (a) The owner of an island in the bottoms of the Mississippi River
19which may submit an application under this section if the island is shut out from the
20bank of
said the river and from
a all highway
access by islands
and, sloughs
, and
21by the lands of others, and
a right-of-way through the same cannot be purchased 22the owner cannot purchase any highway access at a reasonable price
, may present
23to the supervisors of the town.
AB678,31,2
24(b) The application shall describe the affected land and shall contain an
25affidavit
setting forth such that recites the facts
and describing that owner's land.
1The said supervisors shall then proceed according to the provisions of s. 80.13 and
2the provisions of said section shall apply to proceedings under this section. in par. (a).
AB678,31,5
3(c) The town shall not be liable for
want lack of repair or for defects in
any
a 4highway laid out pursuant to this
section subsection, nor
shall the town be liable for
5any accident or injury
thereon on a highway laid out under this subsection.
Note: Section 82.27 (1) through (7) is based on current ss. 80.13 and 80.14.
In s. 82.27 (4) (c), there is new language specifying that a turnaround, if necessary,
should be constructed on the applicant's land. The special committee decided that this
was a fair way to distribute the displacement of the highway. Since the applicant's land
is primarily being benefited, the special committee felt it would be unfair to the
landowner whose land is being taken, to construct a turnaround on the taken land as well.
In s. 82.27 (3), the width of roads has been changed. Current s. 80.13 (3) (a) requires
the road to be between 33 and 49.5 feet wide. New s. 82.27 (4) requires a newly laid out
road to be at least 66 feet wide.
In s. 82.27 (5), administrative costs and per diems were added as costs that could
be charged to the applicant, and the language was changed to allow only half of these costs
to be charged to the applicant when the application is refused.
Section 82.27 (7) and (8) (c) add a time requirement for when the applicant must
pay the advantages. Current ss. 80.13 (4) and 80.14 only require the applicant to pay the
amount determined as advantages before the order is filed. Current s. 80.07 (1) states
that a failure to file an order within 10 days of the board's decision is deemed a refusal
of the application. In Northern States Power Company v. Town of Hunter, 57 Wis. 2d 118,
the Wisconsin Supreme Court stated that the 10-day limitation should apply to s. 80.14
to prevent the landowner whose land is taken from being in limbo as to whether the land
would actually be taken. Since the special committee deleted the 10-day limitation in
current s. 80.07 (1), the special committee decided there needed to be a time limit in new
s. 82.27 (7) and (9) (c). New s. 82.27 requires the applicant to pay the advantages within
30 days; the order shall be recorded within 10 days of payment.
Section 82.27 (8) is based on current s. 80.15. No substantive change is intended.
AB678, s. 72
6Section
72. 80.16 of the statutes is renumbered 82.13 and amended to read:
AB678,32,2
782.13 Shut-off Highways to school buildings; how laid.
Whenever Upon
8being notified that a public school in
any a town
is shut off from all public highways 9lacks highway access, the
supervisors of the town
board shall lay out a highway to
10the
site thereof public school, using the procedures in this subchapter. No
11application for
such the highway shall be necessary
, but in every other respect the
12procedure for laying out an ordinary town highway shall be pursued. No highway
13shall be discontinued when the effect of such discontinuance shall be to exclude a
1public school from access to the public highways. Section
80.22 82.12 (3) shall not
2apply to proceedings under this section.
AB678, s. 73
3Section
73. 80.17 (title) of the statutes is repealed.
AB678, s. 74
4Section
74. 80.17 of the statutes is renumbered 82.12 (1) and amended to read:
AB678,32,135
82.12
(1) Any order of the town supervisors laying out, altering, widening or
6discontinuing any highway, or refusing so to do, is subject to judicial review under
7s. 68.13, except that only a person aggrieved by the order or determination may seek
8review. Failure of the supervisors to file their decision upon
A town board shall make
9a determination upon any application
or resolution to lay out, alter,
widen or
10discontinue any highway within
60 90 days after
receipt of the application
is made
11shall be deemed a refusal of the application. In case of highways upon a line between
122 counties the appeal may be made to the circuit court of either county or introduction
13of a resolution.
AB678, s. 75
14Section
75. 80.22 (title) of the statutes is repealed.
AB678, s. 76
15Section
76. 80.22 of the statutes is renumbered 82.12 (3) and amended to read:
AB678,32,2216
82.12
(3) The determination
refusing to lay out, alter, widen or discontinue any 17not to issue a highway
order shall be final
, unless appealed from, for
the term of one
18year
after the making of such determination; and no other
. No application
for laying
19out, widening, altering or discontinuing any such to lay out, alter, or discontinue a 20highway shall be
acted upon filed within
said term of one year
from the date of a
21determination not to issue a highway order covering the highway or portion of the
22highway covered in the refused application.
Note: The time limit in new sub. (1) for acting on an application or resolution has
been increased from 60 to 90 days. The committee decided that it was more practical to
allow 90 days. In addition, the language requiring the town to incorporate the order into
its official map is new.
AB678, s. 77
23Section
77. 80.23 (title) of the statutes is renumbered 82.20 (title).
AB678, s. 78
1Section
78. 80.23 (1) of the statutes is renumbered 82.20 (1) and amended to
2read:
AB678,33,173
82.20
(1) Whenever pursuant to this chapter any highway is laid out, widened
4or altered If the town board issues an order to lay out or alter a highway through
5enclosed, cultivated
, or improved lands
and the determination has not been appealed
6from, the
town board or highway
authorities superintendent shall give the owner or
7occupant of the lands
through which the proposed highway will pass written notice
8of its, his, or her intent to remove the fences
located on the highway within a time
9determined by the highway authorities to be reasonable, but in the path of the new
10or altered highway. The notice shall state when the town board or highway
11superintendent intends to remove the fences, which shall not
be less than 30 days
12after giving from the date on which the notice
was given to the owner or occupant.
13If the owner or occupant does not remove the fences
within before the time
required
14by stated in the notice, the
town board or highway
authorities superintendent shall
15remove the fences and
direct the highway to be opened. If the determination has
16been appealed from, may charge the landowner for the costs of the removal under s.
1766.0627.
AB678,33,21
18(2) The notice
under sub. (1) shall
be given after the final decision of the
not
19be sent until the time for filing an appeal
under s. 82.15 has expired and no appeal
20was taken or until all appeals under s. 82.15 have been brought to a final
21determination.
Note: Language was added in new sub. (1) to allow the town to charge the
landowner for the removal of the landowner's fences.
AB678, s. 79
22Section
79. 80.23 (2) of the statutes is renumbered 82.20 (3) and amended to
23read:
AB678,34,4
182.20
(3) This section does not authorize the opening of a highway through
2enclosed, cultivated
, or improved lands or the removal of fences between May 15 and
3September 15, except in cases of emergency to be determined by the
highway
4authorities town board.
AB678, s. 80
5Section
80. 80.24 to 80.30 of the statutes are repealed.
Note: The special committee decided to eliminate the provisions for acquiring land
in chs. 80 and 81 in favor of requiring the town to utilize the procedures under s. 32.05.
As a result, the following provisions were not carried over into this bill: ss. 80.09, 80.10,
80.30 (1), and 80.24 through 80.29.
AB678, s. 81
6Section
81. 80.31 (title), (1) and (2) of the statutes are repealed.
AB678, s. 82
7Section
82. 80.31 (3) of the statutes is renumbered 82.14 (2) and amended to
8read:
AB678,34,179
82.14
(2) In case any If lands
taken acquired by contract
or condemnation for
10highway purposes
shall be are encumbered, and the owners of the fee and of the
11encumbrance
shall do not agree
upon the division to be made between them on the
12allocation of any damages to be paid
on account of such due to the taking,
said
the 13damages may be paid to the clerk of the circuit court of the county
, and when so paid
14may be apportioned among the parties entitled thereto by said court upon in which
15the land is located. Upon the application of any
party interested
party and upon not
16less than 5 days' written notice to the other party
, the court may apportion the
17damages paid to the clerk among the parties.
New s. 82.14 (2) is based on current s. 80.31. The language from current s. 80.31
(3) was modified to eliminate the reference to condemnation because ch. 32 has provisions
to deal with where and when money is paid.
AB678, s. 83
18Section
83. 80.32 (title) of the statutes is renumbered 82.19 (title) and
19amended to read:
AB678,34,20
2082.19 (title)
Discontinuance of highways
; reversion of title.
AB678, s. 84
1Section
84. 80.32 (1) of the statutes is renumbered 82.19 (1) and amended to
2read:
AB678,35,93
82.19
(1) Any An unrecorded
road highway, or any part
thereof which of an
4unrecorded highway, that has become or is in the process of becoming a public
5highway by user in any town may be discontinued
in the manner hereinbefore
6provided using the procedures under ss. 82.10 to 82.12. Any proceedings
taken
7therefor to discontinue an unrecorded highway shall not be evidence of the
8acceptance at any time by the town of
such road the highway or any part
thereof of
9the highway.
AB678, s. 85
10Section
85. 80.32 (2) of the statutes is renumbered 82.19 (2) (a) and amended
11to read:
AB678,35,1512
82.19
(2) (a)
Except as provided in sub. (5), every Every highway shall cease
13to be a public highway
at the expiration of 4 years from the
time date on which it was
14laid out, except
such the parts
thereof as shall of the highway that have been opened,
15traveled
, or worked within
such
that time
, and any.
AB678,35,18
16(b) 2. Any highway
which shall have
that has been entirely abandoned as a
17route of
vehicular travel, and on which no highway funds have been expended for 5
18years, shall be considered discontinued.
Note: The special committee had lengthy discussions about what to do with
current s. 80.32 (2). The special committee finally decided to retain the provision, but to
modify it so that it is limited to vehicular travel. The intent is to exclude the use of a road
for hiking or berry picking as a means of keeping a highway open.
AB678, s. 86
19Section
86. 80.32 (3) of the statutes is renumbered 66.1005 (1) and amended
20to read:
AB678,36,521
66.1005
(1) When any highway
shall be
or public ground acquired or held for
22highway purposes is discontinued
the same, the land where the highway or public
23ground is located shall belong to the owner or owners of the adjoining lands
; if it shall
1be. If the highway or public ground is located between the lands of different owners
, 2it shall be annexed to the lots to which it originally belonged if that can be
3ascertained
; if not it. If the lots to which the land originally belonged cannot be
4ascertained, the land shall be equally divided between the owners of the lands on
5each side
thereof of the highway or public ground.
AB678, s. 87
6Section
87. 80.32 (4) (a) (intro.) of the statutes is renumbered 66.1005 (2) (a)
7(intro.) and amended to read:
AB678,36,158
66.1005
(2) (a) (intro.) Whenever any public highway or public ground
acquired
9or held for public purposes has been vacated or discontinued,
any all easements and
10rights incidental
thereto acquired by or belonging
to the easements that belong to
11any county, school district, town, village
or, city
or to any, utility
, or person
and
12relating that relate to any underground or overground structures, improvements
, or
13services and all rights of entrance, maintenance, construction
, and repair of the
14structures, improvements
, or services shall continue, unless one of the following
15applies:
AB678, s. 88
16Section
88. 80.32 (4) (a) 1. and 2. of the statutes are renumbered 66.1005 (2)
17(a) 1. and 2.
AB678, s. 89
18Section
89. 80.32 (4) (b) of the statutes is renumbered 66.1005 (2) (b).
AB678, s. 90
19Section
90. 80.32 (4) (c) of the statutes is renumbered 66.1005 (2) (c) and
20amended to read:
AB678,37,521
66.1005
(2) (c) Damages for the discontinuance of the easements and rights
22described in par. (a) shall be assessed against the land benefited in the proceedings
23for assessment of damages or benefits upon the vacation or discontinuance of the
24public highway or public ground.
The Unless the parties agree on a different amount,
25the amount of the damages shall be the present value of the property to be removed
1or abandoned, plus the cost of removal, less the salvage value of the removed or
2abandoned property
, or any other amount that may be agreed upon between the
3interested parties. The owner of the easements and incidental rights, upon
4application to the treasurer and upon furnishing satisfactory proof
, shall be entitled
5to any payments of or upon the assessment of damages.
AB678, s. 91
6Section
91. 80.32 (4) (d) of the statutes is renumbered 66.1005 (2) (d).
AB678, s. 92
7Section
92. 80.32 (5) of the statutes is renumbered 82.19 (2) (c) and amended
8to read:
AB678,37,119
82.19
(2) (c)
Subsection (2) This subsection does not apply to state or county
10trunk highways or to any highway, street, alley
, or right-of-way that provides public
11access to a navigable lake or stream.
AB678, s. 93
12Section
93. 80.33 of the statutes is renumbered 82.17 and amended to read:
AB678,37,17
1382.17 Highway papers, where filed. All applications, orders, awards,
14bonds
, and other papers relating to the laying out, altering,
widening or
15discontinuing of highways
under this chapter shall be promptly filed in the office of
16the town, city
, or village clerk
where the highway is located, except as otherwise
17specifically provided in this chapter.
Note: Currently, under ch. 80, orders must be filed with the town, city, or village
clerk. This bill requires orders to be filed with the register of deeds. New s. 82.17 is
intended to cover all documents other than the highway order.
AB678, s. 94
18Section
94. 80.34 (title) of the statutes is renumbered 82.16 (title).
AB678, s. 95
19Section
95. 80.34 (1) of the statutes is renumbered 82.16 (1) and amended to
20read:
AB678,38,421
82.16
(1) Every order
of the supervisors or the supervisors and commissioners
22or of the county board or a committee thereof laying out,
widening, altering
, or
23discontinuing
any a highway
, or under this chapter, and any order restoring the
1records thereof, and the order of any commissioners reversing or affirming the same
2on appeal, and the record or certified copy thereof record of a highway, shall be
3presumptive evidence of the facts therein stated and of the regularity of all the
4proceedings prior to the making of
such the order.
AB678, s. 96
5Section
96. 80.34 (2) of the statutes is renumbered 82.16 (2) and amended to
6read:
AB678,38,117
82.16
(2) The validity of
any such
an order
described in sub. (1), if fair on its
8face
shall, is not
be open to collateral attack, but may be
tested by certiorari or other
9proper action or proceeding brought directly for that purpose if commenced within
10the time after the order is made provided by s. 893.73 (2) challenged in an action
11brought under s. 82.15.
Note: Current s. 80.34 provides a time frame for challenging an order that is
different from current s. 80.17. In this bill, the time frame under current s. 80.34 has been
eliminated.
AB678, s. 97
12Section
97. 80.35 of the statutes is repealed.
AB678, s. 98
13Section
98. 80.37 of the statutes is renumbered 82.33 and amended to read:
AB678,38,23
1482.33 Lost records; how restored; effect. (1) Whenever the record of the
15laying out of any highway
is has been lost or destroyed, the
supervisors board of the
16town in which the highway is located, upon notice being served
on all interested
17parties in accordance with s.
80.05 82.10 (4), may make a new record of the highway.
18The notice shall
fix state the time when and
the place where the
supervisors board 19will decide
upon making whether to make the new record. The notice shall
specify
20as near as may be contain a legal description of the highway for which the proposed
21record will be made
and a scale map of the land that would be affected. Notice need
22not be given to persons who waive the notice or consent to the
making issuance of the
23order
either before or after it is entered.
AB678,39,15
1(2) The supervisors shall meet pursuant to the notice given under sub. (1) and
2hear any arguments or evidence that may be offered for or against
At the time and
3place stated in the notice, the town board shall hold a public hearing regarding the
4proposed new record
, and
shall make a new record as
they consider it considers 5proper.
The supervisors may adjourn from time to time, and an entry of each
6adjournment shall be made in the record by the town clerk. If the
supervisors find 7board finds that the highway is a legal highway
, the record of which
is has been lost
8or destroyed,
they the board shall
make issue a written order stating those facts and
9specifying the course, width
, and other pertinent description of the highway. The
10order shall be filed
and recorded in the office of
with the town clerk
, who shall note
11the time of recording the order in the record and recorded in the office of the register
12of deeds for the county in which the highway is located. Any number of highways may
13be included in one notice or order under this section. A failure or refusal to make a
14new record for any highway does not preclude a subsequent proceeding for that
15purpose.
AB678,39,23
16(3) Any person through whose land a highway described in an order
entered 17filed under sub. (2) passes may appeal
from the order under s. 82.15 on the
ground 18grounds that the highway described in the order was not a legal highway in fact.
The
19appeal shall be made in the time and manner provided for appealing from orders
20laying out highways, and proceedings shall be had on the appeal as in case of appeals
21from orders laying out highways. No person may call into question the regularity of
22proceedings under this section except owners of land on whom notice should have
23been served but in fact was not and persons claiming under those owners.
Note: The contents of the notice and who must be served with notice have been
changed to be consistent with the rest of the new ch. 82. Current s. 80.37 requires that
the notice specify the highway "as near as may be" and that the notice be served on all
interested parties. New s. 82.33 requires the notice to contain a legal description and
scale map. In addition, the notice must be served on the parties specified in new s. 82.10
(4).
AB678, s. 99
1Section
99. 80.38 to 80.40 of the statutes are repealed.
AB678, s. 100
2Section
100. 80.41 of the statutes is renumbered 66.1006 and amended to
3read:
AB678,40,10
466.1006 Discontinuing ways to waters Department of natural
5resources approval of discontinuance. No resolution, ordinance, order
, or
6similar action of
any a town board or county board
, or
of a committee
thereof of a town
7board or county board, discontinuing any highway, street, alley
, or right-of-way that
8provides public access to any navigable lake or stream shall be effective until such
9resolution, ordinance, order
, or similar action is approved by the department of
10natural resources.
Note: No substantive change is intended, however, the special committee decided
this provision was more appropriately placed in ch. 66.
AB678, s. 101
11Section
101. 80.47 of the statutes is renumbered 66.1035 and amended to
12read:
AB678,41,7
1366.1035 Rights of abutting owners. The owners of land abutting on any
14highway, street
, or alley shall have a common right in the free and unobstructed use
15thereof to its of the full width
, and no of the highway, street, or alley. No town, village,
16city, county, company
, or corporation shall close up, use
, or obstruct any part of the
17highway, street
, or alley so as to materially interfere with its usefulness as a highway
18or so as to damage
abutting property
abutting thereon, or permit the same to be done,
19without
due just compensation being made for any
resulting damage
resulting
20therefrom to the owners of land upon either side of such highway, street or alley. This
21section does not impose liability for damages
to property on both sides of any street,
22highway or alley arising from the use, maintenance
, and operation of tracks or other
1public improvement legally laid down, built
, or established in any street, highway
, 2or alley prior to April 7, 1889. All rights
of in property
which would that could entitle
3the owners an owner to damages
for injury thereto under
the foregoing provisions 4this section may be condemned
and permanently appropriated by any corporation
5authorized to use or obstruct any highway, street or alley that is listed in s. 32.02 in
6the same manner that other property may be condemned
and appropriated by such 7by the corporation.
Note: No substantive change is intended. The special committee decided it was
more appropriately placed in ch. 66.
AB678, s. 103
9Section
103. 80.64 of the statutes is renumbered 66.1031, and 66.1031 (1), (2)
10and (3) (intro.) and (b), as renumbered, are amended to read:
AB678,42,211
66.1031
(1) With the approval of the governing body of
the municipality a city,
12village, or town in which a street or highway or part
thereof of a street or highway 13is located, the county board, to promote the general welfare, may establish street and
14highway widths in excess of the widths in use and adopt plans showing the location
15and width proposed for any future street or highway, which shall not be subject to
16s.
80.32 82.19 (2). Streets or highways or plans
therefor for streets or highways 17established or adopted under this section shall be shown on a map showing present
18and proposed street or highway lines and, except in counties having a population of
19500,000 or more, property lines and owners. The map shall be recorded in the office
20of the register of deeds. Notice of the recording shall be published as a class 1 notice,
21under ch. 985, in
the territory any city, village, or town in which the affected streets
22or highways are located. The notice shall briefly set forth the action of the county
23board.
The county board, upon like approval, publication and notice, may from time
1to time supplement or change the same, and such supplements or changes shall be
2similarly recorded in the office of the register of deeds.
AB678,42,12
3(2) The excess width for streets or highways in use for the right-of-way
4required for those planned
, may be acquired at any time either in whole or in part
5by the state
or, county
or municipality, city, village, or town in which located; but no
6part shall be acquired in less than the full extent, in width, of the excess width to be
7made up of land on the same side of the street or highway, nor for less than the full
8length of such excess width lying within contiguous land owned by the same owner.
9Any land so acquired, whether the excess width is acquired for the full length of the
10street or highway or not, shall at once become available for highway purposes. The
11power to acquire such right-of-way or additional width in portions as provided
12herein in this section may be exercised to acquire the land on advantageous terms.
AB678,42,21
13(3) (intro.) In counties containing a population of 500,000 or more if,
14subsequent to the establishment of widths on streets or highways
by a county board
15with the approval of the governing body of the municipality in which the streets or
16highways lie under sub. (2), in conformity with this section or s. 59.69, any area
17embracing a street or highway upon which a width has been established under this
18section is annexed to a city or village or becomes a city or village by incorporation,
19the city or village shall
thereafter adhere to the established width, and shall not,
20subsequent to any annexation or incorporation, except with the approval of the
21county board, do any of the following:
AB678,42,2422
(b) Permit or sanction any construction or development
which that will
23interfere with, prevent
, or jeopardize the obtaining of the necessary right-of-way to
24such established width.
Note: No substantive change is intended, however, the special committee decided
this provision was more appropriately placed in ch. 66.
AB678, s. 105
2Section
105. Chapter 81 (title) of the statutes is repealed.
AB678, s. 106
3Section
106. 81.01 (title) of the statutes is renumbered 82.03 (title) and
4amended to read:
AB678,43,5
582.03 (title)
Highways; duties
Duties of town board.
AB678, s. 107
6Section
107. 81.01 (intro.) and (1) of the statutes are consolidated,
7renumbered 82.03 (1) (a) and amended to read:
AB678,43,178
82.03
(1) (a) The town board shall have the care and supervision of all highways
9in the town, except as otherwise provided under the town's jurisdiction, including the
10highways specified in s. 83.06. The town board
shall: (1) Appoint may appoint in
11writing
if it deems advisable a superintendent of highways to supervise, under the
12board's direction
of the board, the construction
and, repair
of said, and maintenance
13of the highways and bridges
and fix the compensation and the amount of the bond
14of such superintendent under the town's jurisdiction. Where no superintendent of
15highways is appointed, it shall be the duty of the town board to perform all
of the
16duties that are prescribed by law for the superintendent of highways to perform
,
17including keeping the highways passable at all times.
AB678, s. 108
18Section
108. 81.01 (2) of the statutes is renumbered 82.03 (1) (d) and amended
19to read: