2003 Wisconsin Act 214

Note: The committee repealed s. 81.05 because the committee believed that it was no longer used by towns. Current s. 60.10 (1) (d) is merely a cross-reference to s. 81.05.

214,6 Section 6. 60.23 (17) of the statutes is amended to read:

60.23 (17) Change street names. Name, or change the name of, any street in the town under s. 81.01 (11) 82.03 (7).

214,7 Section 7. 60.24 (3) (n) of the statutes is repealed.

Note: Section 60.24 (3) (n) reads as follows: "Perform duties in connection with selection of jurors in actions relating to the taking of property to provide access to a cemetery, fairground, or land used for industrial expositions under s. 80.48 (3) and (4).". The special committee deleted current s. 80.48 because it concluded that the section was no longer necessary.

214,8 Section 8. 60.24 (3) (o) of the statutes is amended to read:

60.24 (3) (o) Sign orders for payment of work performed and materials furnished on town highways under s. 81.04.

Note: This bill entirely deletes the language in current s. 81.04. Therefore, this section deletes the cross-reference.

214,9 Section 9. 60.24 (3) (p) of the statutes is amended to read:

60.24 (3) (p) See that all tunnels in the town are constructed under s. 81.35 82.37 and that they are kept in good repair.

214,10 Section 10. 60.33 (10) of the statutes is amended to read:

60.33 (10) Highways and bridges. Perform the duties specified in chs. 80 82 to 92, relating to highways, bridges and drains.

214,11 Section 11. 60.37 (4) (a) of the statutes is amended to read:

60.37 (4) (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 82.03 (1).

214,12 Section 12. 62.73 (1) of the statutes is amended to read:

62.73 (1) The common council of a 1st class city may vacate in whole or in part highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city that it determines the public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4) 66.1005 (2). Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 apply to proceedings under this section.

214,13 Section 13. 66.1003 (2) and (3) of the statutes are amended to read:

66.1003 (2) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11 82.21.

(3) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11 82.21.

214,13d Section 13d. 66.1003 (4) (b) of the statutes is amended to read:

66.1003 (4) (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.

214,13h Section 13h. 66.1003 (7) of the statutes is amended to read:

66.1003 (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.

214,13m Section 13m. 66.1003 (8) of the statutes is renumbered 66.1003 (8) (b).

214,13r Section 13r. 66.1003 (8) (a) of the statutes is created to read:

66.1003 (8) (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.

214,14 Section 14. 66.1003 (10) of the statutes is created to read:

66.1003 (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.

Note: New s. 66.1003 is based on the last sentence of current s. 80.02, which reads: "No town board shall discontinue . . . any highway when such discontinuance would deprive the owner of lands of access therefrom to a highway" and on the last sentence of current s. 80.16 which reads: "No highway shall be discontinued when the effect of such discontinuance shall be to exclude a public school from access to the public highways.". The special committee believes that, in practice, the current language applies to cities, counties, villages, and towns. Therefore, the new s. 66.1003 specifically includes cities, villages, and counties and moves the provision to ch. 66. No substantive change is intended.

214,15 Section 15. 66.1005 (title) of the statutes is created to read:

66.1005 (title) Reversion of title.

214,16 Section 16. 66.1033 (1) and (3) of the statutes are created to read:

66.1033 (1) In this section:

(a) "Political subdivision" means a city, village, town, or county.

(b) "Public way" means a highway, street, slip, pier, or alley.

(3) For proceedings taken, or for plats, deeds, orders, or resolutions executed after the effective date of this subsection .... [revisor inserts date], except as provided in s. 840.11, no defect, omission, or informality in the proceedings of, or execution of a plat, deed of dedication, order, or resolution by, a political subdivision shall affect or invalidate the proceedings, plat, deed, order, or resolution after 5 years from the date of the proceedings, plat, deed, order, or resolution. The public way dedicated, laid out, or altered by a defective or informal proceeding, plat, deed, order, or resolution shall be limited in length to the portion actually worked and used.

214,17 Section 17. Chapter 80 (title) of the statutes is repealed.

214,18 Section 18. 80.01 (title) of the statutes is repealed.

214,19 Section 19. 80.01 (1) (title) of the statutes is repealed.

214,20 Section 20. 80.01 (1) of the statutes is renumbered 82.01 (8) and amended to read:

82.01 (8) In this section, "recorded "Recorded highway" means a highway for which the order laying out or altering the highway, or a certified copy of the order, has been filed recorded in the office of the clerk of the town or register of deeds in the county in which the highway is situated or, for highways that were laid out or altered before the effective date of this subsection .... [revisor inserts date], in the office of the clerk of the town or the county in which the highway is situated.

Note: All but one of the definitions in s. 82.01 is new. The only term that is specifically defined in chs. 80 and 81 is "recorded highway". That definition has been included with the modification that the order must be filed with the register of deeds rather than the town or county clerk. The term "widened" has been deleted throughout the bill because the special committee concluded that it was redundant of the term "altered".

214,21 Section 21. 80.01 (1m) (title) of the statutes is renumbered 82.31 (title).

214,22 Section 22. 80.01 (1m) of the statutes is renumbered 82.31 (1) and amended to read:

82.31 (1) Recorded highways. Any recorded highway that has been laid out by the town supervisors, the county board or by a committee of the board, or by commissioners appointed by the legislature, or by any other authority, any portion of which has been opened and worked for 3 years under this chapter is a legal highway only to the extent that it has been opened and worked for 3 years. Any laid out highway that has not been fully and sufficiently described or recorded or for which the records have been lost or destroyed is presumed to be 66 feet wide.

214,23 Section 23. 80.01 (2) of the statutes is renumbered 82.31 (2), and 82.31 (2) (title), (b) and (c), as renumbered, are amended to read:

82.31 (2) (title) Unrecorded highways validated, exception; grants for highway purposes, presumptive width.

(b) No road or bridge built upon the bottoms and sloughs of the Mississippi River by citizens or a municipality of any other state shall become a legal highway or a charge upon the town in which the road is located unless upon petition the highway is legally laid out by the town supervisors board.

(c) No lands granted for highway purposes that did not become a legal highway prior to July 1, 1913, shall become a legal highway unless the grant is accepted by the town board or by the town meeting of the town wherein where the lands and proposed highway are located, and until a resolution of acceptance of the grant is recorded in the office of the town clerk.

214,23m Section 23m. 80.01 (3) (title) of the statutes is renumbered 66.1037 (title).

214,24 Section 24. 80.01 (3) of the statutes is renumbered 66.1037 (1) and amended to read:

66.1037 (1) No lands abutting on any highway, and acquired or held for highway purposes, shall be deemed discontinued for such purpose purposes so long as they abut on any highway. All lands acquired for highway purposes after June 23, 1931, may be used for any purpose that the public authorities authority in control of such the highway shall deem to conduce to determines promotes the public use and enjoyment thereof. Such authorities. The authority may improve such lands by suitable planting, to prevent the erosion of the soil, or to beautify the highway. The right to protect and to plant vegetation in any highway laid out prior to said date June 23, 1931, may be acquired in any manner that lands may be acquired for highway purposes. It Subject to sub. (2), it shall be unlawful for any person to injure any tree or shrub, or cut or trim any vegetation other than grass, or make any excavation in any highway laid out after said date June 23, 1931, or where the right to protect vegetation has been acquired, without the consent of the highway authorities authority and under their its direction but such authorities. The authority shall remove, cut , or trim or consent to the removing, cutting, or removal trimming of any tree, shrub, or vegetation in order to provide safety to users of the highway.

Note: The inclusion of "other than grass" was made to ensure that property owners could trim grass near their property.

214,24g Section 24g. 66.1037 (2) of the statutes is created to read:

66.1037 (2) (a) Except as provided in par. (b), no person may cut or trim grass along any state trunk highway without the consent of the department of transportation.

(b) A person who owns or leases land abutting a state trunk highway may, without the consent of the department of transportation, cut or trim grass that is within the highway right-of-way and that is located along the land's frontage with the highway right-of-way or within 200 feet of a driveway, railroad crossing, or intersection along the land's frontage with the highway right-of-way. This paragraph does not permit a person to cut or trim grass without the consent of the department of transportation if any of the following applies:

1. The state trunk highway is a freeway, as defined in s. 346.57 (1) (am), or an expressway, as defined in s. 59.84 (1) (b).

2. The person farms or harvests the grass.

3. The grass is located in any of the following:

a. An area where pedestrians are prohibited.

b. An area accessible only by crossing a traffic lane of the state trunk highway.

c. An area located within 50 feet of a sign, as defined in s. 84.30 (2) (j).

214,25 Section 25. 80.01 (4) (title) of the statutes is renumbered 66.1033 (title) and amended to read:

66.1033 (title) Highways, streets and alleys, piers, plats, curative Curative provisions.

214,26 Section 26. 80.01 (4) of the statutes is renumbered 66.1033 (2) and amended to read:

66.1033 (2) Every street, highway and alley, pier and slip, dedicated or attempted and intended to be dedicated in any plat or laid out, altered, vacated or discontinued, or attempted or intended to be laid out, altered, vacated or discontinued by the authorities of any county, town, city or village shall be held to have been lawfully so dedicated, laid out, altered, vacated or discontinued from and after the expiration of 5 years from the date of the deed, instrument, plat, order, resolution or other final proceeding had or taken to effectuate such purpose. No For proceedings taken, or for plats, deeds, orders, or resolutions executed before the effective date of this subsection .... [revisor inserts date], notwithstanding s. 840.11, no defect, omission or informality in the proceedings of, or execution of any a plat or, deed of dedication or in any proceedings, order, or resolution on the part of such authorities for the purposes aforesaid by, a political subdivision shall affect or invalidate such the proceedings, plat, deed, order, or resolution or proceeding, after the expiration of 5 years from the date of the proceeding, plat, deed, proceeding, order, or resolution ; provided, the street or alley. The public way dedicated, laid out, or altered by such a defective, or informal proceeding, plat, deed, proceeding, order, or resolution , shall be limited in length to the portion actually worked and used thereunder.

Note: The following language was repealed because the special committee decided it was redundant of the rest of the provision: "Every street, highway and alley, pier and slip, dedicated or attempted and intended to be dedicated in any plat or laid out, altered, vacated, or discontinued, or attempted or intended to be laid out, altered, vacated, or discontinued by the authorities of any county, town, city, or village shall be held to have been lawfully so dedicated, laid out, altered, vacated, or discontinued from and after the expiration of 5 years from the date of the deed, instrument, plat, order, resolution, or other final proceeding had or taken to effectuate such purpose.".

The new s. 66.1029 attempts to resolve a conflict between current s. 80.01 (4) and current s. 840.11. Current s. 840.11 requires any person applying to lay out, widen, vacate, or extend a highway to file a notice of the pendency of the application. Failure to file the notice renders all proceedings based on the application void. Current s. 80.01 (4), however, appears to cure all defects and procedural errors after 5 years. The special committee discussed whether one of the provisions should overrule the other and decided on a compromise. Under the new s. 66.1029 a failure to comply with s. 840.11 prior to the effective date of the act will not void an action. But, after the effective date of the act, the new s. 66.1029, would cure all defects except a failure to comply with s. 840.11.

214,27 Section 27. 80.01 (5) of the statutes is renumbered 66.1024 and amended to read:

66.1024 Effect of reservation or exception in conveyance. Whenever a an executed and recorded deed, land contract, or mortgage of lands abutting on an existing public street, highway, or alley or a projected extension thereof hereafter executed and recorded contains language reserving or excepting certain lands for street, highway, or alley purposes, such the reservation or exception shall constitute a dedication for such purpose to the public body having jurisdiction over such the highway, street, alley, or projected extension thereof, unless the language of such the reservation or exception plainly indicates an intent to create a private way. Such dedication may be Any reservation or exception shall not be effective until it is accepted by a resolution of the governing body having jurisdiction over such street, highway, alley, or projected extension thereof.

Note: The special committee decided that s. 80.01 (5) was more appropriately placed in ch. 66. The last sentence of new s. 66.1024 was changed to make clear that the reservation must be accepted by the governing body.

214,28 Section 28. 80.02 (title) of the statutes is repealed.

214,29 Section 29. 80.02 of the statutes is renumbered 82.10 (1) (intro.) and amended to read:

82.10 (1) Application for highway changes. (intro.) When 6 Six or more resident freeholders wish may apply to the town board to have a highway laid out, widened, altered, or discontinued in their town, they may make application in writing to the supervisors of said town for that purpose. The application may shall be in writing and shall be delivered to any supervisor or to the town clerk. In case the application is for the discontinuance of all or of a part of any highway, and it is desired, as permitted by s. 80.05, to omit from the notice the description of the lands abutting upon such highway which will be benefited, injured or damaged by the discontinuance of such highway or any part thereof, the The application shall contain the all of the following:

(a) A legal description of the lands abutting upon such highway which will be benefited, injured or damaged by the discontinuance of such highway or any part thereof and shall be delivered to the town clerk with a request in writing that such application remain on file with the clerk until the time set for hearing for reference and inspection by any parties concerned. When all the owners of lands abutting on the part of a highway sought to be altered, desire such alteration, and the supervisors are of the opinion that the public will not be materially affected by such alteration, the board may make the same, and may take into consideration donations of money, land or services for the making of such alterations. When the laying out of a highway would require the construction of a bridge costing more than $1,000, exclusive of donations, the order of the supervisors laying out such highway shall not be effective unless approved by the electors of the town, and an estimate by the department of transportation shall be conclusive of the cost of such bridge for the purposes of this section. No town board shall discontinue any part of a state trunk or county trunk highway, nor discontinue any highway when such discontinuance would deprive the owner of lands of access therefrom to a highway to be discontinued or of the proposed highway to be laid out or altered.

Note: Under current law, an application for laying out or altering, can be delivered to either a supervisor or the town clerk, while an application for discontinuance can only be delivered to the town clerk. Under the bill, all applications must be delivered to the town clerk.

Under current s. 80.02, an application for discontinuance must contain a description of the lands that will be benefited, injured, or damaged by the discontinuance only if "it is desired" to exclude such a description from the notice. However, it is the supervisors who make the notice and the freeholders who make the application. Thus, the use of "it is desired" creates an ambiguity as to who wants to exclude the description from the notice. New s. 82.10 (1) requires all applications to contain a legal description of the highway and a scale map of the affected land.

The last 2 sentences of current s. 80.02 are not included in the new s. 82.10. The sentence concerning electors approving construction costing more than $1,000 was deleted because the special committee decided that the dollar amount was obsolete. The prohibition on discontinuing a state trunk or county trunk highway was deleted because the special committee decided it was unnecessary since the town does not have jurisdiction over those highways. The prohibition on discontinuing a highway where such discontinuance would deprive a landowner of highway access has been moved to new s. 66.1003 (10).

The 3rd-to-last sentence of current s. 80.02 has been left out of this bill because the special committee decided it was unnecessary. The sentence reads: "When all the owners of lands abutting on the part of a highway sought to be altered, desire such alteration, and the supervisors are of the opinion that the public will not be materially affected by such alteration, the board may make the same, and may take into consideration donations of money, land or services for the making of such alterations.".

214,30 Section 30. 80.025 of the statutes is renumbered 82.29 and amended to read:

82.29 Highways abutted by state park lands; discontinuance or relocation. Any part of a highway lying wholly within state park lands may be discontinued or relocated by the state agency having jurisdiction over such abutting lands the state park by filing written notice of such the discontinuance or relocation with the town clerk or county clerk of the municipality that has jurisdiction over the highway and upon approval by the supervisors municipality after holding a hearing as provided in s. 80.05 unless such 82.10. No discontinuance or relocation would under this section may deprive any other owner of lands a landowner of all highway access thereto from a highway. This section does not apply to state trunk highways or connecting highways.

214,31 Section 31. 80.03 of the statutes is repealed.

214,32 Section 32. 80.04 (title) of the statutes is repealed.

214,33 Section 33. 80.04 of the statutes is renumbered 82.11 (2) and amended to read:

82.11 (2) (a) No supervisor town official may act in laying out, altering, widening or discontinuing any a highway in which the supervisor may be personally interested 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 one supervisor is interested the other 2 supervisors a town official is prevented from acting, the remaining town officials shall act. If 2 supervisors are interested the 3rd supervisor shall act in the matter.

(b) Whenever 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 a the town, the application authorized by s. 80.02 may be made to the county board, which shall promptly appoint a committee of 3 of its members. The committee shall act upon the who are able to act on the application in the same manner and with the same powers in every respect as the supervisors of the town might do 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.

Note: The special committee decided to eliminate the process of applying to the county under current s. 80.04 (2). Instead, the special committee decided to allow the town board to formulate its own plan to deal with situations where there is a conflict of interest. In the absence of such a plan, new s. 82.11 (2) authorizes the town clerk and treasurer to act in turn.

214,34 Section 34. 80.05 (title) of the statutes is renumbered 82.10 (3) (title) and amended to read:

82.10 (3) (title) Notice of meeting; service and publication requirements.