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. 102 8Section 102. 80.48 of the statutes is repealed.
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. 104 1Section 104. 80.65 of the statutes is repealed.
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:
AB678,43,2220 82.03 (1) (d) Provide The town board shall provide the superintendent of
21highways with necessary forms and books made in compliance with standards
22prescribed by the department of transportation.
AB678, s. 109
1Section 109. 81.01 (3) of the statutes is renumbered 82.03 (2), and 82.03 (2)
2(intro.) and (b), as renumbered, are amended to read:
AB678,44,133 82.03 (2) Funding and equipment. (intro.) Provide The town board shall
4provide
machinery, implements, material, and equipment needed to construct,
5maintain, and repair said the highways and bridges under the town's jurisdiction,
6and for that purpose those purposes may acquire by purchase or by condemnation
7in the manner provided by under ch. 32 stone, gravel, sand, clay, earth, gravel pits
8and, stone quarries, but the and interests in land under s. 83.07. The total sum spent
9under this subsection in any year for construction, maintenance, and repair of
10highways and bridges may not exceed the product of $5,000 multiplied by the miles
11of highway under the jurisdiction of the town measured by the most recent highway
12mileage for the town, as determined under s. 86.302, unless one of the following
13occurs:
AB678,44,1814 (b) The town board, by resolution, submits to the electors of the town as a
15referendum at a general or special town election the question of exceeding the limit
16set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37.
17The board shall abide by the majority vote of the electors of the town on the question.
18The question shall read as follows:
AB678,44,2319 Shall the town of .... spend up to $.... over ...., which is the annual limit of the
20product of $5,000 multiplied by the miles of highway under the jurisdiction of the
21town measured by the most recent highway mileage for the town, as determined
22under section 86.302 of the Wisconsin Statutes, for the construction, maintenance,
23and repair of its highways and bridges?
AB678,44,2424 FOR SPENDINGAGAINST SPENDING

Note: In new s. 82.03 (2) (b), the ballot language has been changed. The change
in the wording of the ballot makes the ballot include the actual amount that the town is
already authorized to spend. Current law seems to only require a statement of the means
by which the dollar limit is arrived at. The list of materials in current s. 81.06 has been
added to new s. 82.03 (2).
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