1995 Wisconsin Act 225

(bm) Whenever a petition is filed under par. (a), the common council, trustees or supervisors of the city, village or town so petitioned shall make out a notice which shall be served on the owner or occupant of the land through which the proposed street or highway is to be laid and. The notice shall be published as provided in s. 80.05, and which. The notice shall contain a copy of such the petition and state the time when and place where such the council, trustees or supervisors will meet to take action upon said the petition, which time shall be within 10 days after such the notice is served.

(c) If at the meeting to take action on the petition the proper council, trustees or supervisors shall find the recitals in the petition to be true they shall, within 5 days after the meeting to take action thereon, make an order for the impaneling of a jury to pass upon the necessity of taking for the public use the land through which the proposed street or highway is to be laid.

Note: Subdivides provision, replaces parentheses and reorganizes and replaces language for greater readability and conformity with current style.

225,305 Section 305 . 80.48 (1) (b) (intro.) 1. and 3. of the statutes are created to read:

80.48 (1) (b) The petition shall:

1. Be signed by the managing officers, board of trustees or directors of the association.

(b) 2. Set forth that it:

3. Contain a description of the land.

a. The association owns land therein (and describing it), in the city, village or town which land is used or intended to be used by such a cemetery association for the burial of the dead or by such other an agricultural or industrial association for fairgrounds or industrial expositions, that there; and

b. There is no laid out street or highway giving access thereto and praying that such city, village or town lay out a street or highway thereto from the nearest street or highway which can be used as a convenient means of approach, the to the association's land.

225,306 Section 306 . 80.48 (2) of the statutes is renumbered 80.48 (2) (a) and amended to read:

80.48 (2) (a) Such An order made under sub. (1) (c) shall require the petitioners to deposit with the treasurer of the proper municipality such sum as the authorities who made it deem the order consider necessary to pay the costs and expenses of such the proceedings, and no to be held pursuant to the order. No further action shall be had on such the petition until such the deposit is made; when it. When the deposit is made, the common council, trustees or supervisors shall make a further order fixing the time when (, not less than 10 days thereafter), when and place where a jury will be impaneled to pass upon the necessity for taking such the land through which the proposed street or highway is to be laid.

(b) Notice of such the time and place the jury will be impaneled shall be served upon the occupants of such the land, if any, through which the proposed street or highway is to be laid, if any, as provided in s. 80.05 not less than 6 days before the time so fixed. If any portion of such the land through which the proposed street or highway is to be laid is not actually occupied, such the notice, which shall contain a description, as near as may be, of the premises to be taken, shall be published as a class 2 notice, under ch. 985, in such the city, village or town and where the land is located. The notice shall contain a description, as near as may be, of the premises to be taken and state that at the time and place therein named in the notice a jury will be impaneled for the purpose of passing upon the necessity for taking for the public use the land described therein.

Note: Subdivides provision and replaces parentheses and language for greater readability and conformity with current style.

225,307 Section 307 . 80.64 of the statutes is renumbered 80.64 (1) and amended to read:

80.64 (1) With the approval of the governing body of the municipality in which a street or highway or part thereof is located, the county board may, to promote the general welfare, may establish street and highway widths in excess of the widths in use; and likewise may adopt plans showing the location and width proposed for any future street or highway, which shall not be subject to s. 80.32 (2). Such streets Streets or highways or plans therefor established or adopted under this section shall be shown on a map (showing present and proposed street or highway lines and also, except in counties having a population of 500,000 or more, property lines and owners except in counties having a population of 500,000 or more) then. The map shall be recorded in the office of the register of deeds, and notice. Notice of the recording shall be published as a class 1 notice, under ch. 985, in the territory in which such the affected streets or highways are located. The notice shall briefly set forth the action of the county board. The county board, upon like approval, publication and notice, may from time to time supplement or change the same, and such supplements or changes shall be similarly recorded in the office of the register of deeds.

(2) The excess width for streets or highways in use for the right-of-way required for those planned, may be acquired at any time either in whole or in part by the state or county or municipality in which located; but no part shall be acquired in less than the full extent, in width, of the excess width to be made up of land on the same side of the street or highway, nor for less than the full length of such excess width lying within contiguous land owned by the same owner. Any land so acquired, whether the excess width is acquired for the full length of the street or highway or not, shall at once become available for highway purposes. The power to acquire such right-of-way or additional width in portions as provided herein may be exercised to acquire the land on advantageous terms.

(3) In counties containing a population of 500,000 or more if, subsequent to the establishment of widths on streets or highways by a county board with the approval of the governing body of the municipality in which such the streets or highways lie, in conformity with this section or s. 59.97, any area embracing a street or highway upon which a width has been so established under this section is annexed to a city or village or becomes a city or village by incorporation, such the city or such village shall thereafter adhere to such the established width, and shall not, subsequent to any annexation or incorporation, except with the approval of the county board, alter do any of the following:

(a) Alter or void such the established width, nor shall.

(b) Permit or sanction any construction or development be permitted or sanctioned by such city or such village or any of its officers or representatives which will interfere with, prevent or jeopardize the obtaining of the necessary right-of-way to such established width.

Note: Subdivides provision and replaces parentheses and language for greater readability and conformity with current style.

225,308 Section 308 . 84.01 (1) of the statutes is amended to read:

84.01 (1) Offices. The department shall maintain its principal office at Madison and district officers offices at such other cities, villages and towns as the necessities of the work demand.

Note: Corrects transcription error in Chapter 62, Laws of 1965. 1965 Assembly Bill 37 which was adopted as Chapter 62 says “offices" rather than “officers". Prior to this amendment, the provision read in relevant part “division offices". In Chapter 62 “officers" was inserted without being shown in italics and "offices" was dropped from the text rather than being stricken through.

225,309 Section 309 . 86.04 (1) of the statutes is amended to read:

86.04 (1) Order for removal. If any highway right-of-way shall be encroached upon, under or over by any fence, stand, building or any other structure or object, and including encroachments caused by acquisition by the public of new or increased widths of highway right-of-way, the department (, in case of a state trunk highway), the county highway committee (, in case of a county trunk highway), or the city council, village or town board (, in case of a street or highway maintained by or under the authority of any city, village or town), may order the occupant or owner of the land through or by which such the highway runs, and to which the encroachment shall be appurtenant, to remove the same encroachment beyond the limits of such the highway within 30 days. The order shall specify the extent and location of the encroachment with reasonable certainty, and shall be served upon such the occupant or owner of the land through or by which the highway runs, and to which the encroachment shall be appurtenant.

Note: Replaces parentheses and text for greater conformity with current style.

225,310 Section 310 . 86.25 (3) of the statutes is amended by replacing “under to s. 66.60" with “under s. 66.60".

Note: Deletes language rendered surplusage by the treatment of this provision by 1993 Wis. Act 246.

225,311 Section 311 . 88.22 (2) (a) of the statutes is amended to read:

88.22 (2) (a) Extending the time of payment of delinquent and unmatured instalments of assessments for cost of construction (, inclusive of interest accrued thereon), for a period of not to exceed 40 years.

Note: Replaces parentheses consistent with current style.

225,312 Section 312 . 88.22 (2) (b) of the statutes is amended to read:

88.22 (2) (b) Deferring payment of any portion of the principal of unpaid and unmatured assessments of cost of construction (, inclusive of interest already accrued thereon), for a period of not to exceed 10 years and provide for the payment of such delinquent and unpaid assessments of cost of construction in equal annual instalments over a period of years.

Note: Replaces parentheses consistent with current style.

225,313 Section 313 . 88.36 (1) of the statutes is amended by replacing “shall fix a time and place" with “shall fix the time and place".

Note: Inserts correct word.

225,314 Section 314 . 88.42 (1) of the statutes is amended to read:

88.42 (1) The secretary of the drainage board shall, in accordance with s. 88.19, keep a separate record of all assessments in each drainage district under the board's jurisdiction. On or before December 1 of each year, the secretary shall certify all past due assessments for costs ( , including past due instalments), to the clerk of the town, village or city in which the delinquent lands are located or assessed, specifying the amount due from each tract, parcel or easement. The amount certified shall include interest at the rate of 6% per year computed through December 31 of the current year.

Note: Replaces parentheses consistent with current style.

225,315 Section 315 . 88.89 (1) of the statutes is amended to read:

88.89 (1) Whenever any embankment, grade, culvert or bridge (, including the approaches to such the culvert or bridge), built or maintained by any person across a natural watercourse or natural draw so obstructs such the watercourse or draw so that waters therein are set back or diverted upon any lands in a drainage district, such the person who built the embankment, grade, culvert or bridge shall so enlarge the waterway through such the embankment, grade, culvert or bridge and the approaches thereto so that it will not set back or divert such waters upon lands in the district.

Note: Replaces parentheses and language for greater readability and consistency with current style.

225,316 Section 316 . 90.02 (1m) (d), (e) and (g) of the statutes, as affected by 1995 Wisconsin Act 41, are amended to read:

90.02 (1m) (d) A fence of strong woven wire not less than fifty 50 inches wide.

(e) A fence of boards firmly fastened to posts well set, not more than eight 8 feet apart, the space between the boards to the height of thirty 30 inches to be not more than six 6 inches and at no point to be more than ten 10 inches.

(g) A fence of three 3 or more wires not less than No. 12, with pickets not less than four 4 feet long properly woven in or fastened thereto, and set not more than six 6 inches apart.

Note: Replaces word form of numbers with digits consistent with current style.

225,317 Section 317 . 90.02 (2) of the statutes, as affected by 1995 Wisconsin Act 41, is amended to read:

90.02 (2) The strands of woven wire shall not be smaller than No. 12 wire and the cross wires shall not be smaller than No. 16 wire; the strands shall not be more than eight 8 inches apart, and the cross wires not more than twelve 12 inches apart. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than sixteen 16 feet apart, except as provided in sub. (1m) (f) or (i) and except that the posts may be set not more than 20 feet apart if the wire is high tensile wire. The space between barbed wires or high tensile wires shall not exceed eight 8 inches; and the space between the top board or upper edge of woven wire and the bottom barbed wire or high tensile wire shall not exceed six 6 inches.

Note: Replaces word form of numbers with digits for greater conformity with current style.

225,318 Section 318 . 90.02 (3) of the statutes is amended to read:

90.02 (3) Fences shall not be less than fifty 50 inches high, and the bottom of the fence shall be not more than four 4 inches from the ground, measurements to be made at the posts.

Note: Inserts digits consistent with current style.

225,319 Section 319 . 92.08 (1) of the statutes is amended by replacing “71.09 (11)" with “subch. IX of ch. 71".

Note: Inserts correct cross-reference. The repeal and recreation of ss. 92.08 and 92.14 by 1987 Wis. Act 27 inserted references to the farmland preservation credit which was numbered s. 71.09 (11) in the 1985 stats. 1987 Wis. Act 312 subsequently repealed and recreated all of ch. 71, effectively renumbering the farmland preservation credit provisions to be subch. IX of ch. 71, but did not take cognizance of the cross-references to s. 79.01 (11) inserted by 1987 Wis. Act 27.

225,320 Section 320 . 92.14 (2) (e) of the statutes is amended by replacing “71.09 (11)" with “subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

225,321 Section 321 . 92.14 (3) (a) of the statutes is amended by replacing “71.09 (11)" with “subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

225,322 Section 322 . 92.14 (4) (b) of the statutes is amended by replacing “71.09 (11)" with “subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

225,323 Section 323 . 92.14 (6) (c) 1. of the statutes is amended by replacing “71.09 (11)" with “subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

225,324 Section 324 . 95.11 (3) (d) of the statutes is amended by replacing "re-recording" with “rerecording".

Note: Corrects spelling.

225,325 Section 325. The amendment of 95.11 (4) of the statutes by 1993 Wisconsin Act 490 is not repealed by 1993 Wisconsin Act 492. Both amendments stand.

Note: There is no conflict of substance.

225,326 Section 326 . 95.25 (2) of the statutes is amended to read:

95.25 (2) Upon reasonable notice the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or inclosures enclosures where cattle are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing ( shall, in addition to the penalty prescribed therefor) shall, be liable for all damages caused thereby to the state or to any person lawfully engaged in the work of inspection and testing.

Note: Replaces language and parentheses consistent with current style.

225,327 Section 327 . 95.36 (9) of the statutes is amended to read:

95.36 (9) Where the owner has received indemnity as a result of a former inspection or test, and has thereafter introduced into his or her herd any bovine contrary to law or the regulations of the department.

Note: Renders provision gender neutral.

225,328 Section 328 . 95.39 (1) of the statutes is amended to read:

95.39 (1) It is unlawful for any person to sell, furnish, give away or supply any tuberculin or any biological product containing Brucella organisms for use in this state unless all of the following conditions are met:

(a) the The label on the container thereof states the name and address of the manufacturer and the date of expiration;.

(b) the The vendor, within 15 days, reports to the department the name of the recipient, the date and amount delivered; and.

(c) such The products are sold or delivered only to veterinarians licensed to practice in this state.

Note: Subdivides text consistent with current style.

225,329 Section 329 . 97.01 (9) of the statutes is amended to read:

97.01 (9) “Labeling" means all labels and other written, printed or graphic matter 1) upon an article or any of its containers or wrappers, or 2) accompanying such the article.

Note: Deletes subdivision designations not in conformity with current style.

225,330 Section 330 . 97.03 (1) (d) of the statutes is renumbered 97.03 (1) (d) (intro.) and amended to read:

97.03 (1) (d) (intro.) If in package form, unless it bears a label containing a) the all of the following:

1. The name and place of business of the manufacturer, packer or distributor; and b) an.

2. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.

Note: Subdivides provision for greater readability and conformity with current style.

225,331 Section 331 . 97.17 (2) of the statutes is amended to read: