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.
SB315, s. 97
12Section
97. 80.35 of the statutes is repealed.
SB315, s. 98
13Section
98. 80.37 of the statutes is renumbered 82.33 and amended to read:
SB315,38,23
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.
SB315,39,15
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.
SB315,39,23
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).
SB315, s. 99
1Section
99. 80.38 to 80.40 of the statutes are repealed.
SB315, s. 100
2Section
100. 80.41 of the statutes is renumbered 66.1006 and amended to
3read:
SB315,40,10
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.
SB315, s. 101
11Section
101. 80.47 of the statutes is renumbered 66.1035 and amended to
12read:
SB315,41,7
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.
SB315, 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:
SB315,42,211
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.
SB315,42,12
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.
SB315,42,21
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:
SB315,42,2422
(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.
SB315, s. 105
2Section
105. Chapter 81 (title) of the statutes is repealed.
SB315, s. 106
3Section
106. 81.01 (title) of the statutes is renumbered 82.03 (title) and
4amended to read:
SB315,43,5
582.03 (title)
Highways; duties
Duties of town board.
SB315, s. 107
6Section
107. 81.01 (intro.) and (1) of the statutes are consolidated,
7renumbered 82.03 (1) (a) and amended to read:
SB315,43,178
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.
SB315, s. 108
18Section
108. 81.01 (2) of the statutes is renumbered 82.03 (1) (d) and amended
19to read:
SB315,43,2220
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.
SB315, 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:
SB315,44,133
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:
SB315,44,1814
(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:
SB315,44,2319
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?
SB315,44,2424
FOR SPENDING
⍽AGAINST 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).
SB315, s. 110
1Section
110. 81.01 (4) of the statutes is renumbered 82.03 (3) and amended
2to read:
SB315,45,53
82.03
(3) Oversight of superintendent. Compel The town board shall direct 4the superintendent of highways
from time to time to perform in the performance of 5the superintendent's official duties.
SB315, s. 111
6Section
111. 81.01 (5), (6), (7) and (9) of the statutes are repealed.
Note: The special committee decided that s. 81.01 (5, (6), (7), and (9) were obsolete.
SB315, s. 112
7Section
112. 81.01 (8) of the statutes is renumbered 82.03 (4) and amended
8to read:
SB315,45,119
82.03
(4) Control of expenditures.
Direct The town board shall direct when
10and where all
town moneys received from highway taxes and other available 11highway funds shall be expended.
SB315, s. 113
12Section
113. 81.01 (10) of the statutes is renumbered 82.03 (5) (b) (intro) and
13amended to read:
SB315,45,1514
82.03
(5) (b) (intro.)
Enter The town supervisors may enter any private lands
15with their employees and agents for the
following purposes
of removing:
SB315,45,17
161. To remove weeds and brush
and of erecting or removing such to keep the
17highway reasonably safe for travel.
SB315,45,19
182. To erect or remove snow fences
as may be necessary to keep highways
19reasonably free from snow and open for travel during the winter season.
Note: The new s. 82.03 (5) is also based on current s. 81.01 (3) and the first
one-third of current s. 81.06. It gives the supervisors the additional authority to enter
private land in order to erect fences on the right-of-way. The new sub. (6) makes it clear
that the town will be responsible for any resulting damages.
SB315, s. 114
1Section
114. 81.01 (11) of the statutes is renumbered 82.03 (7) and amended
2to read:
SB315,46,63
82.03
(7) Highway names. By The town board shall, by ordinance, assign a
4name to each of the roads
in the town that are under
town board the town's 5jurisdiction. No road name may be used on more than one road within the
6jurisdiction of the town.
SB315, s. 115
7Section
115. 81.02 (title) of the statutes is repealed.
SB315, s. 116
8Section
116. 81.02 of the statutes is renumbered 82.03 (1) (b) and amended
9to read:
SB315,46,2210
82.03
(1) (b) The town board may appoint more than one superintendent of
11highways. If more than one
superintendent is appointed
, the town board shall divide
12the town into as many districts as there are superintendents. The districts shall be
13numbered and a superintendent shall be assigned to each district.
The term of office
14of highway superintendents shall be one year from the date of their appointment.
15A superintendent of highways may be compensated by a regular salary or by a per
16diem allowance, to be paid out of the highway fund or out of the general fund of the
17town. In addition to a salary or per diem compensation the superintendent may be
18paid out of either of said funds a stated amount for the maintenance and upkeep of
19a horse or automobile or motor truck. Such superintendent before entering upon the
20duties of superintendent shall execute an official bond in such sum as the town board
21shall require, with sureties to be approved by the board, and file said bond with the
22town clerk A superintendent may be a member of the town board.
Note: In new s. 82.03 (1), language was included to state that the superintendent
of highways could be a member of the town board. Current s. 60.37 (4) (a) already
authorizes this.
SB315, s. 117
1Section
117. 81.03 (title) of the statutes is renumbered 82.05 (title) and
2amended to read:
SB315,47,3
382.05 (title)
Superintendent of highways
; duties.
SB315, s. 118
4Section
118. 81.03 of the statutes is renumbered 82.05 (2) and amended to
5read:
SB315,47,136
82.05
(2) The superintendent of highways shall supervise the construction and
7maintenance of all highways in the superintendent's district
that are required to be
8maintained by the town, and keep them passable at all times, and perform such other
9services in connection with
said the highways as the town board requires
, and keep
10a full account of all the superintendent's receipts and disbursements. The
11superintendent may
make such arrangement arrange for the prosecution of the
12highway work as the superintendent
deems considers necessary and appoint
such
13supervisors as any overseers that the highway work requires.
SB315,47,25
14(3) When any highway under the superintendent's charge becomes
15impassable
, the superintendent shall put the
same highway in passable condition as
16soon as practicable.
The superintendent shall make a complete and full report of all
17funds received and disbursed by the superintendent whenever requested so to do by
18the town board, and shall also make a complete and full report to each annual town
19meeting. The superintendent, and in the superintendent's absence the town board,
20shall immediately upon notice of its existence fill or remove
Upon actual notice of the
21existence of any depression, ditch, hump
, or embankment
which that impedes the
22use of any highway
in under the superintendent's
district charge, the
23superintendent, or in the absence of a superintendent the chairperson of the town
24board, shall as soon as practicable take action to make the highway safe for travel,
25which may include closing the highway.
Note: Current s. 81.03 seemed to contemplate the superintendent having a
separate set of accounting books and paying and receiving money. The special committee
decided that such a system had the potential for fraud and confusion. Instead, new s.
82.05 (4) simply requires the superintendent to report all actions to the board, and the
board can handle making and receiving payments.
In new sub. (3), the language has been changed from "notice" to "actual notice".
Note: The special committee repealed s. 81.05 because it believed that it was no
longer used by towns.
SB315, s. 121
3Section
121. 81.06 (title) of the statutes is repealed.
SB315, s. 122
4Section
122. 81.06 of the statutes is renumbered 82.03 (5) (a) and amended
5to read:
SB315,48,156
82.03
(5) (a) The town
board supervisors may enter
upon any lands near any
7highway in the town
and there to construct necessary drains or ditches or
8embankments for the improvement or protection of the highway
; and may enter upon
9any unimproved lands near any highway in the town and take stone, gravel, sand,
10clay, earth or trees for the purposes of improving any highway, but shall carefully
11avoid doing any unnecessary injury to the premises; and may take stone, gravel or
12other suitable materials within the highway of the town to improve any highway
13therein. No such material shall be removed from any town without the consent of
14the town board unless the highway on which the same is found is maintained by the
15county, in which case the county may use the same for any highway purpose.
SB315, s. 124
17Section
124. 81.08 (title) of the statutes is renumbered 82.35 (title).
SB315, s. 125
18Section
125. 81.08 (1) of the statutes is renumbered 82.35 (1) (a) and amended
19to read:
SB315,49,2
182.35
(1) (a) When any highway
shall be is practically impassable or
be 2dangerous to travel
or when it shall be deemed.
SB315,49,7
3(b) When the town board considers it necessary
on account of construction or
4repair work thereon or for other reasons to suspend travel
thereon or upon on a
5highway or on any part of
such a highway
, the town board may upon its own motion
6lay out and open temporary highways for the accommodation of public travel through
7any lands due to construction, repair, or other reasons.
SB315,49,11
8(2) (a) The board may contract in writing with the owner or
occupant, or both, 9lessee of any land through which it proposes to lay out
such a temporary
highways 10highway, as to the location of the
same highway, and the damages
that the owner or
11occupant lessee is to receive
, which. The contract shall be filed with the town clerk.
SB315,49,18
12(b) In the absence of
such a contract
under par. (a), the board shall determine
13by the location of the temporary highway and the award of damages. Unless an
14emergency exists, the board shall serve the landowner with notice of the location of
15the highway and the award of damages and shall provide the landowner with 48
16hours to object. The town board shall file a written order
filed with the town clerk
17both specifying the location
of the temporary highway and the damages
, and may
18immediately open such temporary highways. Such highways awarded.
SB315,49,21
19(4) A temporary highway shall exist only so long as needed and shall be
deemed 20considered vacated and discontinued when the permanent highway is again opened
21for public travel.
Note: The special committee was concerned that current law does not satisfy due
process. Unless there is an emergency, new s. 82.35 requires notice to the landowner and
48 hours to object.
SB315, s. 126
22Section
126. 81.08 (2) of the statutes is renumbered 82.35 (2) (c) and amended
23to read:
SB315,50,5
182.35
(2) (c) The owner or occupant of any land occupied by
such a temporary
2highway may
, at any time after it is opened and within 30 days after it is
so vacated
3or discontinued
, apply to the town board to determine the owner's or occupant's
4damages
; and thereafter the same proceedings may be had as in the case of a claim
5for damages under s. 81.07.
SB315, s. 127
6Section
127. 81.08 (3) of the statutes is renumbered 82.35 (3) and amended
7to read:
SB315,50,118
82.35
(3) In case such If a temporary highway is opened in connection with or
9on account of road
and or bridge construction
, the damages agreed upon or awarded
10pursuant to this section may be treated as part of the construction cost and paid out
11of the construction funds
in the customary manner of disbursing the same.
SB315, s. 128
12Section
128. 81.11 (title) and (1) to (4) of the statutes are repealed.
SB315, s. 129
13Section
129. 81.11 (5) of the statutes is renumbered 82.25 and amended to
14read:
SB315,51,2
1582.25 Highway taxes for limited-use road. The Notwithstanding s. 60.10
16(1) (a) and (2) (a), the town board
, upon its own authority and without direction from
17the annual town meeting, may levy and collect a tax on property located in a recorded
18and filed plat
that existed on January 1, 2003, situated in a town requiring the
19approval of such town board, and adjoining a private road used by the public located
20therein, and on property adjoining, where the owner regularly uses such road which
21is not a portion of any town, county, state
, or federal highway system, not exceeding
223 mills for each dollar of assessed valuation thereof. The proceeds of
such the tax
23shall be expended for the improvement and maintenance of any private roads used
24by the public located within
such the recorded and filed plat. The town board shall
1not expend any of
such the funds
collected under this section upon a private
2driveway.
Note: Section 82.25 is based on current s. 81.11 (5). The language was changed
to limit its application to plats in existence on January 1, 2003. Subsections (1) through
(4) of current s. 81.11 were deleted because the special committee decided that they were
obsolete.
Current ss. 81.12 and 81.39, 80.30 (2) through (5), and the 2nd-to-last sentence
of s. 80.02 were not carried over into this bill. The special committee decided that these
provisions were obsolete or better covered by other parts of the statutes.
SB315, s. 131
4Section
131. 81.14 (title) of the statutes is renumbered 66.1029 (title) and
5amended to read:
SB315,51,8
666.1029 (title)
Highways; refusal of town to open; appeal to county
7board; cost of opening Appeal of the refusal to open or repair a highway or
8bridge.
SB315, s. 132
9Section
132. 81.14 (1) of the statutes is renumbered 66.1029 (1) (a) and
10amended to read:
SB315,51,2011
66.1029
(1) (a) If any
town, or towns in case of a town line highway, either by
12the proper officers, or by a majority vote of the electors voting on such question, 13refuse, fail or neglect to city, village, or town does not open
and put in reasonable
14condition for travel a highway, within one year from the date
when it on which the
15highway was laid out, or
refuse, fail or neglect to does not repair any highway or build
16or repair
any a bridge
thereon, in such town or towns, any on a highway, 15
17freeholders
thereof of the city, village, or town may appeal to the county board of the
18county in which the highway or bridge is
situated
located, by notice in writing served
19on the
chairperson or chairpersons county clerk, with copies delivered to the clerk 20of the
city, village, or town
or towns.
SB315,52,7
1(b) For the purpose of this section
all, highways on
city, village, or town lines
,
2which shall that have been apportioned between
the respective cities, villages, or 3towns shall be considered as wholly within the
city, village, or town to which
such the 4part of
said the highway or bridge is apportioned.
In case of town highways which
5are upon If a highway is on county lines and
which have has not been apportioned
6for the purpose of
maintenance authority and responsibility, the appeal may be made
7to the county board of either county.
When it is appealed to,