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80. 80.24 to 80.30 of the statutes are repealed.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81. 80.31 (title), (1) and (2) of the statutes are repealed.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.
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.