LRBs0196/2
MES:jld&wlj:ph
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 181
October 25, 2011 - Offered by Representative A. Ott.
AB181-ASA1,1,5 1An Act to repeal 66.0217 (14) (b) 2.; to consolidate, renumber and amend
266.0217 (14) (b) (intro.) and 1.; to amend 66.0217 (11) (c); and to create 66.0217
3(6) (d) of the statutes; relating to: Department of Administration review of
4annexations of town territory, county board approval of certain annexations,
5and authorizing towns to challenge certain city or village annexations.
Analysis by the Legislative Reference Bureau
Generally, under current law, a city or village may annex contiguous town
territory if the city or village agrees to make limited payments to the town based on
property taxes the town levied on the annexed territory. However, current law
prohibits a city or village from annexing town land located in a county in which no
part of the city or village is located unless both the town and county boards approve
the cross-county annexation. Under this substitute amendment, county board
approval is no longer needed.
Under current law, one method of annexation is direct annexation by
unanimous approval. If a petition for direct annexation by unanimous approval
signed by all of the electors residing in the territory and the owners of all of the real
property in the territory is filed with the city or village clerk, and with the town clerk
of all of the involved towns, along with a scale map and a legal description of the

property to be annexed, the governing body of the city or village may, generally, annex
the property by a two-thirds vote of the body. Such an annexation, however, is
subject to Department of Administration (DOA) advisory review as if the annexation
petition were for direct, but not unanimous, annexation or annexation by
referendum. In addition, such an annexation is limited to town land that is
contiguous to the annexing city or village.
Under current law, a town may not challenge in court, on any grounds, any
direct annexation by unanimous approval as well as several other types of
annexations.
Under this substitute amendment, the town affected by an annexation may ask
DOA to review the proposed annexation, within 30 days of the ordinance's
enactment, to determine whether it violates the current law requirements related
to contiguity or the prohibition against cross-county annexation. DOA must
complete its review within 20 days of receiving the town's request.
The substitute amendment requires DOA to send a copy of its findings to any
affected landowner, the annexing city or village, and the affected town. If DOA finds
that the annexation violates either of the requirements, the affected town may
challenge the annexation in circuit court within 45 days of receiving DOA's findings.
Under the substitute amendment, the losing party in the court action must pay the
court costs and the prevailing party's reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB181-ASA1, s. 1 1Section 1. 66.0217 (6) (d) of the statutes is created to read:
AB181-ASA1,2,62 66.0217 (6) (d) Direct annexation by unanimous approval. 1. Upon the request
3of the town affected by the annexation, the department shall review an annexation
4under sub. (2) to determine whether the annexation violates any of the following,
5provided that the town submits its request to the department within 30 days of the
6enactment of the annexation ordinance:
AB181-ASA1,2,87 a. The requirement under sub. (2) regarding the contiguity of the territory to
8be annexed with the annexing city or village.
AB181-ASA1,2,99 b. The requirement under sub. (14) (b).
AB181-ASA1,3,410 2. Following its review, and within 20 days of receiving the town's request, the
11department shall send a copy of its findings to any affected landowner, the town

1affected by the annexation, and the annexing city or village. If the department finds
2that an annexation violates any requirement specified in subd. 1., the town from
3which territory is annexed may, within 45 days of its receipt of the department's
4findings, challenge the annexation in circuit court.
AB181-ASA1,3,115 3. If the town commences an action to challenge the annexation and the circuit
6court rules against the town, the town shall pay the court costs and the city's or
7village's reasonable attorney fees incurred in defending the annexation. If the town
8commences an action to challenge the annexation and the circuit court rules in the
9town's favor and upholds the town's challenge, the city or village shall pay the court
10costs and the town's reasonable attorney fees incurred in challenging the
11annexation.
AB181-ASA1, s. 2 12Section 2. 66.0217 (11) (c) of the statutes is amended to read:
AB181-ASA1,3,1513 66.0217 (11) (c) No Except as provided in sub. (6) (d) 2., no action on any
14grounds, whether procedural or jurisdictional, to contest the validity of an
15annexation under sub. (2), may be brought by any town.
AB181-ASA1, s. 3 16Section 3. 66.0217 (14) (b) (intro.) and 1. of the statutes are consolidated,
17renumbered 66.0217 (14) (b) and amended to read:
AB181-ASA1,3,2118 66.0217 (14) (b) No territory may be annexed by a city or village under this
19section if no part of the city or village is located in the same county as the territory
20that is subject to the proposed annexation unless all of the following occur: 1. The
21the town board adopts a resolution approving the proposed annexation.
AB181-ASA1, s. 4 22Section 4. 66.0217 (14) (b) 2. of the statutes is repealed.
AB181-ASA1, s. 5 23Section 5. Initial applicability.
AB181-ASA1,4,2
1(1) This act first applies to any annexation that commences on the effective date
2of this subsection.
Loading...
Loading...