SB315,69,19
19(5) (c) Administrative costs such as clerical costs and publication costs.
SB315,69,2120
(d) If special meetings are held only for the purpose of considering the
21application, per diem compensation for the supervisors.
SB315,69,24
22(9) Limit on applications. The determination to deny an application under this
23section shall be final for the term of 3 years. No application to lay out a highway to
24the same property shall be considered within 3 years from the date of the refusal.
SB315,70,3
1(10) Highway to remain public for at least 2 years. A highway laid out under
2this section shall be a public road and shall remain and be maintained as a public
3road for at least 2 years from the date of the order.
Note: The definition of "advantages" in s. 82.27 (1) is new. Under current s. 80.13,
the term "advantages" is not defined. In Roberts v. Town of Springvale, 204 Wis. 2d 110,
552 N.W.2d 898, the court held that advantages ". . . refers to how much of a financial
benefit has inured to the applicant or the enhancement in value of the applicant's land
as a result of the town's decision to lay the highway". While the special committee agreed
that this was a reasonable construction of the statutory language, it decided that the costs
should be allocated differently. Constructing a highway could increase the value of the
landlocked property by a far smaller amount than the cost of construction. The result
would be that the town would pay the difference between the construction cost and the
increased property value. The special committee decided that since the highway would
primarily benefit the landowner, the landowner should bear the cost. The new s. 82.27
retains the term "advantages", but defines it as the greater of the increased value of the
property or the estimated cost of constructing the highway and the damages paid to the
owner.
Section 82.27 (9) and (10) are new. The special committee discussed the fact that
landlocked property owners sometimes file repeated applications to wear down the town
board. Thus, new sub. (9) puts a 3-year limit on filing a new application. The special
committee also discussed the potential problem of a town constructing the highway and
then immediately giving the highway back to the applicant. New sub. (10) requires the
highway to remain a public highway for at least 2 years.
SB315, s. 171
4Section
171. Subchapter IV (title) of chapter 82 [precedes 82.31] of the
5statutes is created to read:
SB315,70,87
SUBCHAPTER IV
8
EXISTING HIGHWAYS
SB315, s. 172
9Section
172. 82.35 (1) (intro.) of the statutes is created to read:
SB315,70,1110
82.35
(1) (intro.) The town board, upon its own motion, may lay out and open
11temporary highways through any lands in the following situations:
SB315, s. 173
12Section
173. 83.015 (2) (b) of the statutes is amended to read:
SB315,71,913
83.015
(2) (b) In any county with a highway commissioner appointed under s.
1483.01 (1) (b) or (c), the county highway committee shall be only a policy-making body
15determining the broad outlines and principles governing administration and the
1county highway commissioner shall have the administrative powers and duties
2prescribed for the county highway committee under par. (a), sub. (3) (a) and ss.
327.065 (4) (b) and (13), 32.05 (1) (a),
81.38 (1), (3) and (4), 82.08, 83.01 (6), 83.013,
483.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14
5(6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3)
6(a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1), 114.33 (5),
7349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function
8specified elsewhere for the county highway commissioner may be deemed impliedly
9repealed for the sole reason that reference to it has been omitted in this paragraph.
SB315, s. 174
10Section
174. 83.09 of the statutes is amended to read:
SB315,71,18
1183.09 Emergency repairs of county trunk highways. Whenever a flood
12or other casualty renders any county trunk highway dangerous for travel, the town
13chairperson
shall may immediately close it and notify the county highway
14commissioner thereof, and the commissioner shall promptly make repairs necessary
15to render the highway safe for travel. If sufficient funds are not available in the
16county maintenance fund, the commissioner may, with the consent of the
17chairperson of the county board or of the county highway committee, make the
18necessary repairs, and the cost thereof shall be paid as soon as funds are available.
Note: In the course of discussing a cross-reference to current s. 83.09, the special
committee discussed that section's use of mandatory language. The special committee
concluded that it should be changed to "may". The special committee members had
concerns about the mandatory language breeding litigation and about the town using this
authority unnecessarily.
SB315, s. 175
19Section
175. 83.18 (1) (title) of the statutes is repealed.
SB315, s. 176
20Section
176. 83.18 (1) of the statutes is renumbered 83.18 and amended to
21read:
SB315,72,4
183.18 Entry on lands. For constructing or maintaining any highway by the
2county, the county highway committee or commissioner shall possess all
of the
3powers
to acquire and enter lands conferred upon town boards by s.
81.06 82.03 (2)
4and (5).
SB315, s. 177
5Section
177. 83.18 (2) of the statutes is repealed.
SB315, s. 178
6Section
178. 83.19 of the statutes is amended to read:
SB315,72,18
783.19 Temporary highways and detours. When any highway which is
8maintained or to be maintained by the county shall be practically impassable or be
9dangerous to travel or when it shall be deemed necessary on account of construction
10or repair work thereon or for other reasons to suspend travel upon any part of such
11highway, the county highway commissioner may lay out and open temporary
12highways for the accommodation of public travel through any lands, and the county
13highway commissioner shall possess the powers conferred by s.
81.08 82.35 upon
14town boards. Said powers shall be exercised by the county highway commissioner
15in like manner and the procedure shall be the same except that the contract and
16orders and claim for damages and other papers relating to the matter shall be filed
17with the county clerk, and claims for damages shall be acted upon by the county
18board in the manner provided by s. 893.80.
SB315, s. 179
19Section
179. 84.02 (1) of the statutes is amended to read:
SB315,73,420
84.02
(1) Designation. The system of highways known as the trunk highway
21system heretofore selected and laid out by the legislature and by the highway
22commission and by special legislative state trunk highway committees and approved
23by said highway commission and as revised, altered and changed by and under
24authority vested by law in the highway commission, is hereby validated and
25confirmed and designated the state trunk highway system but without prejudice to
1the exercise of the power given to change such system, and all acts by which parts
2of said system were heretofore adopted or declared to be trunk highways are
3confirmed and validated. Section
80.32 82.19 (2) does not apply to the state trunk
4highway system.
SB315, s. 180
5Section
180. 84.07 (1) of the statutes is amended to read:
SB315,74,36
84.07
(1) State expense; when done by county or municipality. The state trunk
7highway system shall be maintained by the state at state expense. The department
8shall prescribe by rule specifications for such maintenance and may contract with
9any county highway committee or municipality to have all or certain parts of the
10work of maintaining the state trunk highways within or beyond the limits of the
11county or municipality, including interstate bridges, performed by the county or
12municipality, and any county or municipality may enter into such contract. General
13maintenance activities include the application of protective coatings, the removal
14and control of snow, the removal, treatment and sanding of ice, interim repair of
15highway surfaces and adjacent structures, and all other operations, activities and
16processes required on a continuing basis for the preservation of the highways on the
17state trunk system, and including the care and protection of trees and other roadside
18vegetation and suitable planting to prevent soil erosion or to beautify highways
19pursuant to s.
80.01 (3) 66.1037, and all measures deemed necessary to provide
20adequate traffic service. Special maintenance activities include the restoration,
21reinforcement, complete repair or other activities which the department deems are
22necessary on an individual basis for specified portions of the state trunk system.
23Maintenance activities also include the installation, replacement, rehabilitation, or
24maintenance of highway signs, traffic control signals, highway lighting, pavement
25markings, and intelligent transportation systems. The department may contract
1with a private entity for services or materials or both associated with the installation,
2replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
3highway lighting, pavement markings, and intelligent transportation systems.
SB315, s. 181
4Section
181. 84.14 (3) of the statutes is amended to read:
SB315,74,95
84.14
(3) Participation in town bridge construction. Whenever any
6municipality has participated in the cost of the construction, reconstruction, or
7purchase of a bridge under s. 84.11 or 84.12, the property in such municipality shall
8thereafter be subject to taxation by the county for the construction and repair of
9bridges within the county under s.
81.38 82.08.
SB315, s. 182
10Section
182. 86.26 of the statutes is renumbered 82.50.
SB315, s. 183
11Section
183. 86.265 of the statutes is renumbered 82.51.
SB315, s. 184
12Section
184. 86.266 of the statutes is renumbered 82.52.
SB315, s. 185
13Section
185. 86.315 (3) of the statutes is amended to read:
SB315,74,1514
86.315
(3) County forest roads must meet the minimum design standards
15under s.
86.26 82.50 (1) (a) 2. and 3. in order to qualify for aids under this section.
Note: This bill renumbers the town road standards, which are currently in ch. 86,
and moves them into ch. 82. This section merely changes the cross-reference to reflect
that move.
SB315, s. 186
16Section
186. 236.16 (2) of the statutes is amended to read:
SB315,75,217
236.16
(2) Minimum street width. All streets shall be of the width specified on
18the master plan or official map or of a width at least as great as that of the existing
19streets if there is no master plan or official map, but no full street shall be less than
2060 feet wide unless otherwise permitted by local ordinance. Widths of town roads
21platted after January 1, 1966, shall, however, comply with minimum standards for
22town roads prescribed by s.
86.26 82.50. Streets or frontage roads auxiliary to and
1located on the side of a full street for service to the abutting property may not after
2January 1, 1966, be less than 49.5 feet wide.
Note: This bill renumbers the town road standards which are currently in ch. 86,
and moves them into ch. 82. This section merely changes the cross-reference to reflect
that move.
SB315, s. 187
3Section
187. 756.04 (2) of the statutes is amended to read:
SB315,75,54
756.04
(2) Jurors for all circuit courts
, except jurors under ch. 80, shall be
5selected under ss. 756.04 to 756.07.
Note: This bill eliminates all of the provisions in chs. 80 and 81 that concern the
selection of juries. Thus, no cross-reference is necessary.
SB315, s. 188
6Section
188. 893.73 (2) (c) of the statutes is repealed.
Note: The special committee decided that, for judicial economy, all challenges to
the issuance of or refusal to issue a highway order should be brought in one action. This
section deletes the provisions that provide for a different timeline for an action that
challenges the regularity of a highway order.
SB315, s. 189
7Section
189. 893.83 (title) of the statutes is created to read:
SB315,75,8
8893.83 (title)
Highway defects.
SB315,75,1010
(1) This act takes effect on January 1, 2005.
Note: The special committee decided on this effective date so that it corresponds
with the publication of the new statute books.
The following chart shows where the special committee decided to move the
provisions of chs. 80 and 81:
-
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