82.03(6)(a)(a) The town shall be responsible for any damage resulting from activities undertaken under the authority granted by
sub. (5). The owner of lands entered upon or used for any of the purposes identified in
sub. (5) may apply to the town board to appraise the resulting damages, and such damages may be determined by agreement. If the parties are unable to agree upon the damages, the board shall make an award of damages and file the award with the town clerk, and the clerk shall give notice, by certified mail with return receipt requested, of the filing to the owner.
82.03(6)(b)
(b) Within 60 days after the date of filing of a town board's award of damages under
par. (a), the owner may appeal to the circuit court following the same procedures provided under
s. 32.05 (10) for condemnation proceedings. The clerk of courts shall enter the appeal as an action pending in the court with the owner as plaintiff and the town as defendant. The action shall proceed as an action in the court subject to all of the provisions of law relating to actions brought therein, but the only issue to be tried shall be the amount of just compensation to be paid by the town, and the action shall have precedence over all other actions not then on trial. The action shall be tried by jury unless waived by both the plaintiff and the defendant. The amount of the town's award shall not be disclosed to the jury during the trial. Costs shall be allowed or litigation expenses awarded in an action under this paragraph in the same manner as provided under
s. 32.28 for condemnation proceedings.
82.03(7)
(7) Highway names. The town board shall, by ordinance, assign a name to each of the roads that are under the town's jurisdiction. No road name may be used on more than one road within the jurisdiction of the town.
82.03(8)
(8) Use of dams as roadways. The town board may contract with the owner of a dam that has a roadway on it for the use of the roadway. The contract shall provide who shall be responsible for keeping the roadway in repair and may be for a period of time that the board determines.
82.03(9)
(9) Rustic roads. As specified in
s. 83.42, the town board shall maintain the rustic roads under its jurisdiction and may apply to have a highway designated as a rustic road or withdrawn from the rustic road system.
82.03(10)
(10) Additions to and deletions from county trunk highway system. The town board shall approve or deny additions to and deletions from the county trunk highway system as provided in
s. 83.025 (1).
82.03(11)
(11) Emergency closure of county trunk highway. The town chairperson may close county trunk highways when they have been rendered dangerous for travel and immediately notify the county highway commissioner under
s. 83.09.
82.03(12)
(12) Controlled-access highways. The town board shall work with the county and other governmental bodies in establishing and maintaining controlled-access highways under
s. 83.027.
82.03(13)
(13) County-controlled highways in a town. The town board may contract under
s. 83.035 with the county to enable the county to construct and maintain streets and highways in the town.
82.03(14)
(14) Purchase of equipment. The town board may purchase road building and maintenance supplies from the county under
s. 83.018.
82.03(15)
(15) Agreements with other governmental bodies. The town board, under
s. 83.027 (9), may enter into agreements with other governmental bodies respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access highways or other public ways in their respective jurisdictions.
82.03(16)
(16) County aid highways. The town board may improve county aid highways under
s. 83.14.
82.03(17)
(17) Highway lighting. The town board may provide lighting for highways located in the town under
s. 60.50 (4).
82.03(18)
(18) Solid waste transportation. The town board may designate highways on which solid waste may be transported under
s. 60.54.
82.03(19)
(19) Tunnels under highways. The town board shall ensure that all tunnels constructed pursuant to
s. 82.37 are constructed in accordance with the requirements of
s. 82.37 and are kept in good repair by the landowner.
82.03 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.03 Annotation
The duty to keep highways passable is made mandatory by former ss. 81.01 and 81.03 [now ss. 82.03 and 82.05], when read together. State ex rel. Cabott, Inc. v. Wojcik,
47 Wis. 2d 759,
177 N.W.2d 828 (1970).
82.03 Annotation
A town has initial authority to name town roads under sub. (7). However, the town's authority is subject to the county's discretionary authority under s. 59.54 (4) to establish a road naming and numbering system for the specific purpose of aiding in fire protection, emergency services, and civil defense. A county may cooperate with a town regarding road name changes, but ultimately the county has authority to implement name changes, even if a town does not consent, when the name changes are made under s. 59.54 (4). Liberty Grove Town Board v. Door County Board of Supervisors,
2005 WI App 166,
284 Wis. 2d 814,
702 N.W.2d 33,
04-2358.
82.05
82.05
Superintendent of highways. 82.05(1)
(1) The term of office of highway superintendents shall be one year from the date of their appointment.
82.05(2)
(2) The superintendent of highways shall supervise the construction and maintenance of all highways in the superintendent's district that are required to be maintained by the town, and keep them passable at all times, and perform such other services in connection with the highways as the town board requires. The superintendent may arrange for the prosecution of the highway work as the superintendent considers necessary and appoint any overseers that the highway work requires.
82.05(3)
(3) When any highway under the superintendent's charge becomes impassable, the superintendent shall put the highway in passable condition as soon as practicable. Upon actual notice of the existence of any depression, ditch, hump, or embankment that impedes the use of any highway under the superintendent's charge, the superintendent, or in the absence of a superintendent the chairperson of the town board, shall as soon as practicable take action to make the highway safe for travel, which may include closing the highway.
82.05(4)
(4) The superintendent shall routinely notify the town board of all highway work.
82.05 History
History: 1991 a. 316;
2003 a. 214 ss.
117,
118,
157,
158; Stats. 2003 s. 82.05.
82.05 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.05 Annotation
The duty to keep highways passable is made mandatory by former ss. 81.01 and 81.03 [now ss. 82.03 and 82.05], when read together. State ex rel. Cabott, Inc. v. Wojcik,
47 Wis. 2d 759,
177 N.W.2d 828 (1970).
82.08
82.08
Town bridges or culverts; construction and repair; county aid. 82.08(1)
(1)
Petitions. A town that has voted to construct or repair any bridge or culvert that is on, or that after the construction will be connected to, an existing highway maintained by the town may file a petition for county aid with the county highway commissioner. The petition shall describe the location and size of the bridge or culvert and shall contain a statement that the town has provided the funds required by
sub. (3).
82.08(2)(a)(a) Except as provided in
par. (b), upon receipt of a petition for a bridge or culvert with a 36-inch or greater span, or a structure of equivalent capacity to carry water, the county board shall appropriate the sum required by
sub. (3) and shall levy a tax therefor. The tax, when collected, shall be held in a separate account administered by the county highway committee.
82.08(2)(b)
(b) If on January 1, 2003, a county has a policy of providing funding only for bridges and culverts larger than the requirement of
par. (a), the county may refuse to fund bridges and culverts that do not meet the minimum requirements of that policy. The minimum size bridge or culvert that a county is required to fund under this section may be raised, but not lowered, by the affirmative vote of a majority of the towns in the county. The county board of any county that has never granted aid under this section may, in its discretion, refuse all petitions under
sub. (1).
82.08(3)
(3) Shared cost. The town and county shall each pay one-half of the cost of construction or repair. In determining the cost of construction or repair of any bridge or culvert, the cost of constructing or repairing any approach not exceeding 100 feet in length shall be included.
82.08(4)
(4) Emergency petition. Whenever the construction or repair of any bridge or culvert must be made without delay, the town board may file its petition with the county clerk and the county highway committee, explaining the necessity for immediate construction or repairs. It shall then be the duty of the town board and the county highway committee to construct or repair the bridge or culvert as soon as practicable. The construction or repair of a bridge or culvert undertaken pursuant to this subsection shall entitle the town to the same county aid that the town would have been entitled to had it filed its petition with the county board as provided in
sub. (1).
82.08(5)
(5) Supervision over design, construction, and cost. The county highway committee and the town board shall have full charge of design, sizing, letting, inspecting, and accepting the construction or repair, but the town board may leave the matter entirely in the hands of the county highway committee. The county highway committee and the town board must agree on the cost of the project and must consult each other during construction.
82.08(6)
(6) Construction requirements. No county order may be drawn under
sub. (2) for the construction of a bridge or culvert unless the design and construction comply with requirements under
s. 84.01 (23).
82.08(7)
(7) No tax. Except as provided in
ss. 61.48 and
84.14 (3), nothing contained in this section shall authorize the levy of a tax upon the property in any city or village that is required to maintain its own bridges.
82.08(8)
(8) Administration charge. The county may charge the towns that apply for aid under this section an administration charge. The administration charge shall be fixed as a percentage of the total costs of administering aid under this section and the percentage shall be no more than the percentage that the county charges the state for records and reports.
82.08 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.08 Annotation
The county is obligated to pay its half of the cost of construction or repair of a bridge even if the final cost exceeds the amount the town requested in the petition. An estimate is sufficient in a petition for aid. Costs need not be determined exactly. Town of Grand Chute v. Outagamie County,
2004 WI App 35,
269 Wis. 2d 657,
676 N.W.2d 540,
03-1897.
82.08 Annotation
The bridge at issue in this case was not a “bridge on a highway maintainable by the town" under s. 81.38 [now s. 82.08] because the bridge aid petition did not request funding to help connect the bridge to a highway maintainable by the town, there was no existing highway extending to the planned bridge site at the time of the petition, and the bridge was not connected to a highway maintainable by the town upon completion. Section 81.38 requires funding for only those bridges built on highways in existence at the time of a bridge's construction. Town of Madison v. County of Dane,
2008 WI 83,
311 Wis. 2d 402,
752 N.W.2d 260,
06-2554.
82.08 Annotation
Although a 2003 act changed the phrase “highway maintainable" to “highway maintained," this amendment did not change the substantive meaning of the statute. Town of Madison v. County of Dane,
2008 WI 83,
311 Wis. 2d 402,
752 N.W.2d 260,
06-2554.
82.08 Note
NOTE: The above annotations cite to s. 81.38, the predecessor statute to s. 82.08.
82.09
82.09
County aid for dams used for bridges. A town board may file a petition with the county board stating that the town board has voted to acquire the right to use a roadway on a dam. The petition shall contain a legal description and scale map of the dam and roadway, and shall state the amount agreed to be paid to the owner for the use of the roadway. Upon receipt of a petition, the county board shall appropriate a sum equal to 50 percent of the amount agreed to be paid for the use. The county board shall, on the order of the chairperson of the county board and county clerk, cause such sum to be paid to the treasurer of the town whenever the town board notifies the county highway commissioner that a contract for the use of the roadway has been executed.
82.09 History
History: 2003 a. 214 s.
151.
82.09 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
BASIC PROCEDURES
82.10
82.10
Initiation of procedures. 82.10(1)
(1)
Application for highway changes. Six or more resident freeholders may apply to the town board to have a highway laid out, altered, or discontinued. The application shall be in writing and shall be delivered to the town clerk. The application shall contain all of the following:
82.10(1)(a)
(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
82.10(1)(b)
(b) A scale map of the land that would be affected by the application.
82.10(2)
(2) Resolution. Notwithstanding
sub. (1), the town board may initiate the process of laying out, altering, or discontinuing a town highway by the introduction of a resolution. The resolution shall contain all of the following:
82.10(2)(a)
(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
82.10(2)(b)
(b) A scale map of the land that would be affected by the resolution.
82.10(3)
(3) Notice requirements. Upon receipt of an application under
sub. (1) or the introduction of a resolution under
sub. (2), the board shall provide notice of the time that and the place where it will meet to consider the application or resolution. The notice shall contain a legal description of the highway to be discontinued or of the proposed highway to be laid out or altered and a scale map of the land that would be affected by the application or resolution.
82.10(4)(a)(a) The town board or, at the town board's direction, the applicants shall publish a class 3 notice under
ch. 985 and shall, at least 30 days before the hearing, give notice by registered mail to all of the following:
82.10(4)(a)1.
1. The owners of record of lands through which the highway may pass.
82.10(4)(a)2.
2. The owners of record of all lands abutting the highway.
82.10(4)(a)4.
4. The county land conservation committee in each county through which the highway may pass.
82.10(4)(a)5.
5. The secretary of transportation, if the highway that is the subject of the application or resolution is located within one-quarter mile of a state trunk highway or connecting highway.
82.10(4)(a)6.
6. The commissioner of railroads, if there is a railroad highway crossing, within the portion of the highway that is the subject of the application or resolution.
82.10(4)(b)
(b) If procedures are begun under
sub. (1), the applicants shall bear the cost of publication. If the procedures are begun under
sub. (2), the town shall bear the cost of publication.
82.10(5)
(5) Lis pendens. In the case of an application under
sub. (1), the applicant shall file a lis pendens under
s. 840.11. In the case of a resolution under
sub. (2), the board shall file a lis pendens within 10 days of the introduction of the resolution.
82.10 History
History: 2003 a. 214 ss.
29,
34 to
38,
161;
2009 a. 107,
223.
82.10 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.11(1)(1) The town supervisors shall personally examine the highway or proposed highway that is the subject of an application or resolution under
s. 82.10. At the time and place stated in the notice under
s. 82.10, the town board shall hold a public hearing to decide, in its discretion, whether granting the application or resolution is in the public interest. Before the town board holds a public hearing on or takes any action on the application or resolution, the town board must be satisfied, by affidavit of the applicant or otherwise, that the notices in
s. 82.10 (4) have been given.
82.11(2)(a)(a) No town official may act in laying out, altering, or discontinuing a highway if acting would result in a violation of the code of ethics under
s. 19.59 or of a local ordinance enacted under
s. 19.59 (1m). If a town official is prevented from acting, the remaining town officials shall act.
82.11(2)(b)
(b) Every town shall have a written policy on how the town board will act on an application or resolution when there are fewer than 2 supervisors in the town who are able to act on the application or resolution. In the absence of a policy, the town clerk may act. If the town clerk is prevented from acting, the treasurer may act.
82.11 History
History: 2003 a. 214 ss.
33,
40,
162.
82.11 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.12
82.12
Highway order. 82.12(1)(1) A town board shall make a determination upon any application or resolution to lay out, alter, or discontinue any highway within 90 days after receipt of the application or introduction of a resolution.
82.12(2)
(2) If the board determines under
sub. (1) to lay out, alter, or discontinue any highway, it shall issue a highway order. The highway order shall be recorded with the register of deeds for the county in which the highway is or will be located and shall be filed with the town clerk. The town clerk shall submit a certified copy of the order to the county highway commissioner. If the town has an official map, the order shall be incorporated into the official map.
82.12(3)
(3) The determination not to issue a highway order shall be final for one year. No application to lay out, alter, or discontinue a highway shall be filed within one year from the date of a determination not to issue a highway order covering the highway or portion of the highway covered in the refused application.
82.12 History
History: 2003 a. 214 ss.
42,
74,
76,
163.
82.12 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.13
82.13
Highways to school buildings. Upon being notified that a public school in a town lacks highway access, the town board shall lay out a highway to the public school, using the procedures in this subchapter. No application for the highway shall be necessary.
Section 82.12 (3) shall not apply to proceedings under this section.
82.13 History
History: 2003 a. 214 s.
72; Stats. 2003 s. 82.13.
82.13 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.14
82.14
Acquiring rights to land; damages from discontinuance. 82.14(1)(1) Unless the acquisition can be made by mutual agreement, the town board shall utilize the procedures under
s. 32.05 to acquire rights to land for the purpose of laying out or altering a town highway.
82.14(2)
(2) If lands acquired by contract for highway purposes are encumbered, and the owners of the fee and of the encumbrance do not agree on the allocation of any damages to be paid due to the taking, the damages may be paid to the clerk of the circuit court of the county in which the land is located. Upon the application of any interested party and upon not less than 5 days' written notice to the other party, the court may apportion the damages paid to the clerk among the parties.
82.14(3)
(3) An owner of property abutting on a discontinued highway whose property is damaged by the discontinuance may recover damages as provided in
ch. 32.
