66.1003(4)(b)
(b) A hearing on the passage of a resolution under
par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in
sub. (8) (b), except that in addition notice of the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before the hearing. When service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.
66.1003(4)(c)
(c) Except as provided in this paragraph, no discontinuance of the whole or any part of a public way may be ordered under this subsection if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the public way sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on the remainder of the public way which lies within 2,650 feet from the ends of the public way proposed to be discontinued or which lies within that portion of the 2,650 feet that is within the corporate limits of the city, village or town. If a written objection is filed, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance. An owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in
ch. 32. The beginning and ending of an alley shall be considered to be within the block in which it is located.
66.1003(4)(d)
(d) No discontinuance of an unpaved alley shall be ordered if a written objection to a proposed discontinuance is filed with the city, village or town clerk by the owner of one parcel of land that abuts the portion of the alley to be discontinued and if the alley provides the only access to off-street parking for the parcel of land owned by the objector.
66.1003(5)
(5) For the purpose of this section, the narrowing, widening, extending or other alteration of any road, street, lane or alley does not constitute a discontinuance of any part of the former road, street, lane or alley, including any right-of-way, which is included within the right-of-way for the new road, street, lane or alley.
66.1003(6)
(6) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title to the lots or lands is held in trust, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent.
66.1003(7)
(7) The city council or village or town board may by resolution discontinue any alley or any portion of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion of an alley for a period of 5 years next preceding the date of notice provided for in
sub. (8) (b) shall be considered an abandonment for the purpose of this section.
66.1003(8)(a)(a) Upon receiving a petition under
sub. (2) or
(3) or upon the introduction of a resolution under
sub. (4), the city, village, town, or county shall deliver a copy of the petition or resolution to the secretary of transportation, if the public way or unpaved alley that is the subject of the petition or resolution is located within one-quarter mile of a state trunk highway or connecting highway.
66.1003(8)(b)
(b) Notice stating when and where the petition or resolution under this section will be acted upon and stating what public way or unpaved alley is proposed to be discontinued shall be published as a class 3 notice under
ch. 985.
66.1003(9)
(9) In proceedings under this section,
s. 840.11 shall be considered as a part of the proceedings.
66.1003(10)
(10) Notwithstanding
ss. 82.10 and
82.21, no city council or county, village, or town board may discontinue a highway when the discontinuance would deprive a landowner or a public school of all access to a highway.
66.1003 History
History: 1973 c. 189 s.
20; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1975 c. 46;
1993 a. 184,
246,
491;
1995 a. 239;
1999 a. 150 ss.
265,
337 to
343; Stats. 1999 s. 66.1003;
2003 a. 214.
66.1003 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1003 Cross-reference
Cross-reference: See s.
236.43 for other provisions for vacating streets.
66.1003 Annotation
The enactment of sub. (2m) [now sub. (5)] did not eliminate any vested rights of abutting property owners. Miller v. City of Wauwatosa,
87 Wis. 2d 676,
275 N.W.2d 876 (1979).
66.1003 Annotation
An abutting property owner under sub. (2) (c) [now sub. (4)( c)] at the very least must be somehow supporting or sustaining travel on the street. Voss v. City of Middleton,
162 Wis. 2d 737,
470 N.W.2d 625 (1991).
66.1005
66.1005
Reversion of title. 66.1005(1)(1) When any highway or public ground acquired or held for highway purposes is discontinued, the land where the highway or public ground is located shall belong to the owner or owners of the adjoining lands. If the highway or public ground is located between the lands of different owners, it shall be annexed to the lots to which it originally belonged if that can be ascertained. If the lots to which the land originally belonged cannot be ascertained, the land shall be equally divided between the owners of the lands on each side of the highway or public ground.
66.1005(2)(a)(a) Whenever any public highway or public ground acquired or held for public purposes has been vacated or discontinued, all easements and rights incidental to the easements that belong to any county, school district, town, village, city, utility, or person that relate to any underground or overground structures, improvements, or services and all rights of entrance, maintenance, construction, and repair of the structures, improvements, or services shall continue, unless one of the following applies:
66.1005(2)(a)1.
1. The owner of the easements and incidental rights gives written consent to the discontinuance of the easements and rights as a part of the vacation or discontinuance proceedings and the vacation or discontinuance resolution, ordinance or order refers to the owner's written consent.
66.1005(2)(a)2.
2. The owner of the easements and incidental rights fails to use the easements and rights for a period of 4 years from the time that the public highway or public ground was vacated or discontinued.
66.1005(2)(b)
(b) The easements and incidental rights described in
par. (a) may be discontinued in vacation or discontinuance proceedings in any case where benefits or damages are to be assessed as provided in
par. (c), if one of the following applies:
66.1005(2)(b)1.
1. The interested parties fail to reach an agreement permitting discontinuance of the easements and incidental rights.
66.1005(2)(b)2.
2. The owner of the easements and incidental rights refuses to give written consent to their discontinuance.
66.1005(2)(c)
(c) Damages for the discontinuance of the easements and rights described in
par. (a) shall be assessed against the land benefited in the proceedings for assessment of damages or benefits upon the vacation or discontinuance of the public highway or public ground. Unless the parties agree on a different amount, the amount of the damages shall be the present value of the property to be removed or abandoned, plus the cost of removal, less the salvage value of the removed or abandoned property. The owner of the easements and incidental rights, upon application to the treasurer and upon furnishing satisfactory proof, shall be entitled to any payments of or upon the assessment of damages.
66.1005(2)(d)
(d) Any person aggrieved by the assessment of damages under this subsection may appeal the assessment in the same time and manner as is provided for appeals from assessments of damages or benefits in vacation or discontinuance proceedings in the town, village or city.
66.1005 History
History: 2003 a. 214 ss.
15,
86 to
91.
66.1005 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1006
66.1006
Department of natural resources approval of discontinuance. No resolution, ordinance, order, or similar action of a town board or county board, or of a committee of a town board or county board, discontinuing any highway, street, alley, or right-of-way that provides public access to any navigable lake or stream shall be effective until such resolution, ordinance, order, or similar action is approved by the department of natural resources.
66.1006 History
History: 1971 c. 164;
1993 a. 490;
1997 a. 172;
2003 a. 214 s.
100; Stats. 2003 s. 66.1006.
66.1006 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1007
66.1007
Architectural conservancy districts. 66.1007(1)(a)
(a) "Architectural conservancy district" means an area within a municipality consisting of contiguous parcels subject to general real estate taxes, other than railroad rights-of-way.
66.1007(1)(b)
(b) "Board" means an architectural conservancy district board appointed under
sub. (3) (a).
66.1007(1)(c)
(c) "Chief executive officer" means a mayor, city manager, village president or town chairperson.
66.1007(1)(cm)
(cm) "Historic property" means any building or structure that is any of the following:
66.1007(1)(cm)1.
1. Listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places.
66.1007(1)(cm)2.
2. Included in a district that is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district.
66.1007(1)(cm)3.
3. Included on a list of properties that have been determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places.
66.1007(1)(d)
(d) "Local legislative body" means a common council, village board of trustees or town board of supervisors.
66.1007(1)(f)
(f) "Operating plan" means a plan that is adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of an architectural conservancy district and that includes all of the following:
66.1007(1)(f)1.
1. The special assessment method applicable to the architectural conservancy district.
66.1007(1)(f)2.
2. The kind, number and location of all proposed expenditures within the architectural conservancy district.
66.1007(1)(f)3.
3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred.
66.1007(1)(f)4.
4. A description of how the creation of the architectural conservancy district promotes the orderly development of the municipality, including its relationship to any municipal master plan.
66.1007(1)(g)
(g) "Planning commission" means a plan commission under
s. 62.23 or, if one does not exist, a board of public land commissioners or, if neither exists, a planning committee of the local legislative body.
66.1007(2)
(2) A municipality may create an architectural conservancy district and adopt its operating plan if all of the following are met:
66.1007(2)(a)
(a) An owner of real property located in the proposed architectural conservancy district designated under
par. (b) petitions the municipality for creation of an architectural conservancy district.
66.1007(2)(am)
(am) At least 50% of the properties included within the proposed architectural conservancy district are historic properties.
66.1007(2)(b)
(b) The planning commission designates a proposed architectural conservancy district and adopts its proposed initial operating plan.
66.1007(2)(c)
(c) At least 30 days before the creation of the architectural conservancy district and adoption of its initial operating plan by the municipality, the planning commission holds a public hearing on the proposed architectural conservancy district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under
ch. 985. Before publication of the notice, a copy of that notice, a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed architectural conservancy district shall be sent by certified mail to all owners of real property within the proposed architectural conservancy district. The notice shall state the boundaries of the proposed architectural conservancy district and shall indicate that copies of the proposed initial operating plan are available on request from the planning commission.
66.1007(2)(d)
(d) Within 30 days after the hearing under
par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed architectural conservancy district or its proposed initial operating plan.
66.1007(2)(e)
(e) The local legislative body votes to adopt the proposed initial operating plan for the municipality.
66.1007(3)(a)(a) The chief executive officer shall appoint members to an architectural conservancy district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the architectural conservancy district.
66.1007(3)(b)
(b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its architectural conservancy district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the architectural conservancy district shall be approved by the local legislative body.
66.1007(3)(c)
(c) The board shall prepare and make available to the public annual reports describing the current status of the architectural conservancy district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan that shall be obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the architectural conservancy district.
66.1007(3)(d)
(d) Either the board or the municipality, as specified in the operating plan as adopted, or as amended and approved under
par. (b), shall have all powers necessary or convenient to implement the operating plan, including the power to contract.
66.1007(4)
(4) All special assessments received from an architectural conservancy district, all other appropriations by the municipality and all other moneys received for the benefit of the architectural conservancy district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under
sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the architectural conservancy district by the municipality, all moneys collected by special assessment that remain in the account shall be disbursed to the owners of specially assessed property in the architectural conservancy district in the same proportion as the last collected special assessment.
66.1007(5)
(5) A municipality shall terminate an architectural conservancy district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the architectural conservancy district, subject to all of the following conditions:
66.1007(5)(a)
(a) A petition may not be filed under this subsection earlier than one year after the date on which the municipality first adopts the operating plan for the architectural conservancy district.
66.1007(5)(b)
(b) On and after the date on which a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until 30 days after the date of hearing under
par. (c) and unless the architectural conservancy district is not terminated under
par. (e).
66.1007(5)(c)
(c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under
ch. 985. Before publication of the notice, a copy of that notice, a copy of the operating plan and a copy of a detail map showing the boundaries of the architectural conservancy district shall be sent by certified mail to all owners of real property within the architectural conservancy district. The notice shall state the boundaries of the architectural conservancy district and shall indicate that copies of the operating plan are available on request from the planning commission.
66.1007(5)(d)
(d) Within 30 days after the hearing held under
par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the architectural conservancy district or, if the owner did not sign the petition, that the owner requests termination of the architectural conservancy district.
66.1007(5)(e)
(e) If on the 31st day after the hearing held under
par. (c), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, after adding subsequent notifications under
par. (d) and after subtracting any retractions under
par. (d), have requested the termination of the architectural conservancy district, the municipality shall terminate the architectural conservancy district on the date that the obligation with the latest completion date entered into to implement the operating plan expires.
66.1007(6)(a)(a) A municipality may terminate an architectural conservancy district at any time.
66.1007(6)(b)
(b) This section does not limit the authorities of a municipality to regulate the use of or specially assess real property.
66.1007 History
History: 1991 a. 269;
1999 a. 150 s.
540; Stats. 1999 s. 66.1007.
66.1009
66.1009
Agreement to establish an airport affected area. Any county, town, city or village may establish by written agreement with an airport, as defined in
s. 62.23 (6) (am) 1. a.:
66.1009 History
History: 1985 a. 136;
1995 a. 201;
1999 a. 150 s.
365; Stats. 1999 s. 66.1009.
66.1009 Note
NOTE: Section 1 of 85 Act 136 is entitled "Findings and purpose".
66.1011
66.1011
Local equal opportunities. 66.1011(1)
(1)
Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in
s. 106.50 (1m) (g), sexual orientation as defined in
s. 111.32 (13m), religion, national origin, marital status, family status as defined in
s. 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under
ss. 101.132 and
106.50 and also of local interest under this section and
s. 66.0125. The enactment of
ss. 101.132 and
106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
66.1011(1m)(e)
(e) "Political subdivision" means a city, village, town or county.
66.1011(2)
(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. An ordinance may be similar to
ss. 101.132 and
106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions. An ordinance establishing a forfeiture as a penalty for violation may not be for an amount that is less than the statutory forfeitures under
s. 106.50 (6) (h). An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. An ordinance may authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
66.1011(3)
(3) Contingency restriction. No political subdivision may enact an ordinance under
sub. (2) that contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.
