The special committee decided not to carryover current s. 80.11 (4) which vacated
an apportionment in certain situations. The special committee decided that current s.
80.11 (4) was unnecessary and could cause a gap in the responsibility for a highway. Any
reapportionment that is necessary should be covered under the provision allowing a
reapportionment in situations where the current apportionment is judged to be
inequitable or impracticable. However, the special committee changed the language to
allow one municipality to petition the court for reapportionment if that municipality feels
the current apportionment is inequitable. The appealing municipality must serve a copy
of the application on any affected municipality.
The following language from s. 80.11 (1) was not carried over to this bill because
the special committee decided it was unnecessary: "If the highway is laid out or altered,
it may be either upon or as near to the town line as the situation of the ground will admit.
The supervisors of the 2 towns acting together may vary the location on either side of the
town line as they consider to be necessary.".
Current s. 80.12 (4) was entirely deleted because the committee decided it was
unnecessary. Current s. 80.12 (4) reads as follows: "The municipalities responsible for
a municipal line highway may cause any municipal line highway or part of a municipal
line highway that is not less than 264 feet in length, to be graded, paved, macadamized
or otherwise improved, including the establishment of the grade, construction of curbs
and gutters and installation of water and sewer mains and service pipes. The
municipalities may levy special assessments for the whole or any part of the cost of the
improvements as a tax upon the property that they determine is especially benefited by
the improvements initiated under this subsection, in the manner provided in s. 66.0703.".
The new s. 82.21 changes the obligation of a city or village to appoint
commissioners from mandatory to permissive.
SB315, s. 61
1Section
61. 80.125 of the statutes is renumbered 82.28 and amended to read:
SB315,25,9
282.28 Highways and bridges on state boundaries. A town or county The 3board of any town or county
that is bounded in part by a river
, or
by a highway
, either
4of which that is also a state boundary line may enter into
an agreement with
the
any 5adjoining municipality
or county in
such the other state for the maintenance
and
, 6construction
, and reconstruction of boundary line
highways and bridges
and for the
7maintenance and reconstruction of any boundary line highway including its bridges,
8by appropriation therefor not exceeding 50% of the total costs assignable to the
9boundary line facility. The costs shall be apportioned by agreement.
Note: The current law seems to limit the town or county to paying 50% of the costs.
The special committee decided that it would be more appropriate to allow the local
government to decide how much it is willing to pay. Thus, the new s. 82.28 states that
the apportionment shall be by agreement.
SB315, s. 62
10Section
62. 80.13 (title) of the statutes is repealed.
SB315, s. 63
11Section
63. 80.13 (1) of the statutes is renumbered 82.27 (3) and amended to
12read:
SB315,26,7
182.27
(3) Setting the hearing date; notice. When any person presents the
2town board with an affidavit that meets the requirements Upon receipt of an
3application under sub.
(1m) (2), the town board shall set a time and place to conduct
4a hearing regarding the
laying out or widening of a highway application. The
5hearing shall be held after 10 days and within 30 days of the receipt of the
affidavit 6application by the town board. Notice of the time and place of the hearing shall be
7served as required by s.
80.05 82.10 and published as a class 2 notice under ch. 985.
SB315, s. 64
8Section
64. 80.13 (1m) of the statutes is renumbered 82.27 (2) and amended
9to read:
SB315,26,1710
82.27
(2) Application. The
affidavit required under sub. (1) shall be executed
11by the owner
or lessee of real estate located within
the a town
,
may apply to the town
12board to have a highway laid out to the owner's land. Except as provided in sub. (7),
13the application shall be delivered to the town clerk of the town in which the real
14estate is located. The application shall contain
a description of an affidavit, executed
15by the applicant, that describes the affected real estate and
shall contain recites facts
16that satisfy the
supervisors board that
any of the
following circumstances
exists 17either in par. (a) or in par. (b) exist:
SB315,26,2318
(a) The real estate
described in the affidavit is shut out from all public highways
19by being surrounded
on all sides by real estate owned by other persons, or by real
20estate owned by other persons and by water, and that the owner
or lessee is unable
21to purchase a right-of-way to a public highway from the owners of the adjoining real
22estate or that such a right-of-way cannot be purchased except at an exorbitant price,
23which price shall be stated in the affidavit.
SB315,27,224
(b) 1. The owner
or lessee is the owner of a private way or road, whose width
25shall be stated in the affidavit, that leads from the described real estate to a public
1highway but the way or road is too narrow to afford the owner
or lessee reasonable
2access from the described real estate to the public highway; and
SB315,27,73
2. The owner
or lessee is unable to purchase a right-of-way from the described
4real estate to a public highway, or is unable to purchase land on either or both sides
5of the
owner's or lessee's existing way or road to make the way or road of sufficient
6width or that the right-of-way or additional land cannot be purchased except at an
7exorbitant price, which price shall be stated in the affidavit.
SB315, s. 65
8Section
65. 80.13 (3) of the statutes is renumbered 82.27 (4) and amended to
9read:
SB315,27,2010
82.27
(4) Hearing. (a) The town board shall meet at the time and place stated
11in the notice
given under sub. (1) and shall in their
and decide, in its discretion
lay
12out a highway of not less than 33 feet nor more than 49.5 feet in width from the public
13highway to the real estate described in the affidavit under sub. (1m) (a) or (b) either
14by, whether to grant the application. The board may grant the application by either 15laying out a new highway across the surrounding land or by adding
enough land to
16the width of the existing way or road described in the affidavit
under sub. (1m) (b)
17to make it. If the board decides to lay out a new highway, the new highway shall be
18at least 66 feet wide unless the board determines this width to be impracticable. If
19the board decides to widen an existing way or road, the resulting highway shall not
20be less than
33 49.5 feet nor more than
49.5 66 feet in width.
SB315,27,2521
(b) The town board shall
assess determine the damages to the owner or owners
22of the real estate
over or through on which the highway shall be laid
out or from whom
23land shall be taken and the advantages to the applicant. The town board may not
24assess determine damages in
any an amount exceeding the price stated in the
25affidavit of the applicant.
SB315, s. 66
1Section
66. 80.13 (4) of the statutes is renumbered 82.27 (4) (c) and amended
2to read:
SB315,28,123
82.27
(4) (c) Upon laying out a highway
under sub. (3) or widening a private
4way or road, the town board shall
make and sign an
issue a highway order
describing
5the laid out highway and. If it is necessary to include a turnaround, the turnaround
6shall be laid out on the applicant's land. The applicant shall pay the town treasurer
7the amount determined as advantages within 30 days of the board's decision. Within
810 days of payment, the town board shall file the order with the town clerk
together
9with its award of damages. The and record the order
shall be recorded by the clerk;
10provided, that the amount assessed as advantages to the applicant under sub. (3) is
11paid to the town treasurer before the order laying out such highway shall be filed 12with the register of deeds for the county in which the land is located.
SB315, s. 67
13Section
67. 80.13 (4m) of the statutes is renumbered 82.27 (5) and amended
14to read:
SB315,28,1915
82.27
(5) Charging costs to the applicant. The following costs may be
16assessed If the town board grants the application, the items listed in pars. (a) to (d)
17may be included in the determination of advantages. If the town board denies the
18application, 50 percent of all of the following may be charged to the applicant
as a
19special charge under s. 66.0627:
SB315,28,2020
(a) Attorney fees reasonably incurred by the town
under subs. (3) and (4).
SB315,28,2221
(b) The cost of any survey or
the fee of any expert on valuation, or both,
22reasonably incurred by the town
under subs. (3) and (4).
SB315, s. 68
23Section
68. 80.13 (5) of the statutes is renumbered 82.27 (6) and amended to
24read:
SB315,29,14
182.27
(6) Real estate landlocked by sale. Whenever a parcel In a town, if the
2owner of land
in any town which that is accessible
, or
that is provided with
a
3right-of-way an easement to a public highway
, is subdivided and the owner 4subdivides and transfers any part of the
subdivided parcel by metes and bounds that
5would otherwise be shut out from all public highways by reason of being surrounded
6on all sides by real estate belonging to other persons or by real estate belonging to
7other persons and by water without an adequate right-of-way to a public highway,
8the seller land, the owner shall provide a cleared
right-of-way easement at least
50 966 feet in width that shall be continuous from the highway to the part of the
10subdivision sold.
In case If the seller fails to provide the required
right-of-way 11easement, the town board may, pursuant to proceedings under this section, lay out
12a road
at least 66 feet wide from the inaccessible land to the public highway over the
13remaining lands of the seller without assessment of damages or compensation to the
14seller.
SB315, s. 69
15Section
69. 80.14 of the statutes is renumbered 82.27 (7) and amended to read:
SB315,30,1416
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.
SB315, s. 70
15Section
70. 80.15 (title) of the statutes is renumbered 82.27 (8) (title).
SB315, s. 71
16Section
71. 80.15 of the statutes is renumbered 82.27 (8) (a) and amended to
17read:
SB315,30,2318
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.
SB315,31,2
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).
SB315,31,5
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.
SB315, s. 72
6Section
72. 80.16 of the statutes is renumbered 82.13 and amended to read:
SB315,32,2
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.
SB315, s. 73
3Section
73. 80.17 (title) of the statutes is repealed.
SB315, s. 74
4Section
74. 80.17 of the statutes is renumbered 82.12 (1) and amended to read:
SB315,32,135
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.
SB315, s. 75
14Section
75. 80.22 (title) of the statutes is repealed.
SB315, s. 76
15Section
76. 80.22 of the statutes is renumbered 82.12 (3) and amended to read:
SB315,32,2216
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.
SB315, s. 77
23Section
77. 80.23 (title) of the statutes is renumbered 82.20 (title).
SB315, s. 78
1Section
78. 80.23 (1) of the statutes is renumbered 82.20 (1) and amended to
2read:
SB315,33,173
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.
SB315,33,21
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.
SB315, s. 79
22Section
79. 80.23 (2) of the statutes is renumbered 82.20 (3) and amended to
23read:
SB315,34,4
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.
SB315, 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.
SB315, s. 81
6Section
81. 80.31 (title), (1) and (2) of the statutes are repealed.
SB315, s. 82
7Section
82. 80.31 (3) of the statutes is renumbered 82.14 (2) and amended to
8read:
SB315,34,179
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.
SB315, s. 83
18Section
83. 80.32 (title) of the statutes is renumbered 82.19 (title) and
19amended to read:
SB315,34,20
2082.19 (title)
Discontinuance of highways
; reversion of title.
SB315, s. 84
1Section
84. 80.32 (1) of the statutes is renumbered 82.19 (1) and amended to
2read:
SB315,35,93
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.
SB315, s. 85
10Section
85. 80.32 (2) of the statutes is renumbered 82.19 (2) (a) and amended
11to read:
SB315,35,1512
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.
SB315,35,18
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.
SB315, s. 86
19Section
86. 80.32 (3) of the statutes is renumbered 66.1005 (1) and amended
20to read:
SB315,36,521
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.
SB315, s. 87
6Section
87. 80.32 (4) (a) (intro.) of the statutes is renumbered 66.1005 (2) (a)
7(intro.) and amended to read:
SB315,36,158
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:
SB315, s. 88
16Section
88. 80.32 (4) (a) 1. and 2. of the statutes are renumbered 66.1005 (2)
17(a) 1. and 2.
SB315, s. 89
18Section
89. 80.32 (4) (b) of the statutes is renumbered 66.1005 (2) (b).
SB315, s. 90
19Section
90. 80.32 (4) (c) of the statutes is renumbered 66.1005 (2) (c) and
20amended to read:
SB315,37,521
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.
SB315, s. 91
6Section
91. 80.32 (4) (d) of the statutes is renumbered 66.1005 (2) (d).
SB315, s. 92
7Section
92. 80.32 (5) of the statutes is renumbered 82.19 (2) (c) and amended
8to read:
SB315,37,119
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.
SB315, s. 93
12Section
93. 80.33 of the statutes is renumbered 82.17 and amended to read:
SB315,37,17
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.
SB315, s. 94
18Section
94. 80.34 (title) of the statutes is renumbered 82.16 (title).
SB315, s. 95
19Section
95. 80.34 (1) of the statutes is renumbered 82.16 (1) and amended to
20read:
SB315,38,421
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.
SB315, s. 96
5Section
96. 80.34 (2) of the statutes is renumbered 82.16 (2) and amended to
6read:
SB315,38,117
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.