LRB-3220/2
TNF:jrd:kaf
1995 - 1996 LEGISLATURE
April 21, 1995 - Introduced by Representatives Hahn, Goetsch, Owens,
Ainsworth, Plombon and
Silbaugh. Referred to Committee on Highways and
Transportation.
AB328,1,2
1An Act to repeal 80.18, 80.19, 80.20 and 80.21; and
to amend 80.17 of the
2statutes;
relating to: appeals of highway orders of town supervisors.
Analysis by the Legislative Reference Bureau
Under current law, if a person appeals an order or determination of the town
supervisors laying out, altering, widening or discontinuing a highway,
commissioners are appointed to review the order or determination. The
commissioners must be disinterested resident electors of the county and their
decision is filed with the appropriate municipal clerk within an applicable time limit.
Upon review of an order or determination refusing to lay out, alter, widen or
discontinue a highway, the commissioners may make and file an order and take other
actions which, in their judgment, the local highway authorities should have made.
This bill eliminates the appointment of commissioners to review highway
orders and determinations of town supervisors. Any person aggrieved by an order
or determination of town supervisors laying out, altering, widening or discontinuing
a highway may appeal to circuit court.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB328, s. 1
3Section
1. 80.17 of the statutes is amended to read:
AB328,2,9
480.17 Appeal from highway order. Any person aggrieved by any order of
5the town supervisors laying out, altering, widening or discontinuing any highway,
6or refusing so to do may, within 30 days after the determination, appeal from the
1order or determination to
the circuit judge for the appointment of commissioners to
2review the order or determination circuit court. Failure of the supervisors to file
3their decision upon any application to lay out, alter, widen or discontinue any
4highway within 60 days after the application is made shall be deemed a refusal of
5the application.
The appeal shall be in writing and shall briefly state the grounds
6upon which it is made, and whether it seeks to reverse entirely the order or
7determination or only a part, and in the latter case it shall state what part. In case
8of highways upon a line between 2 counties the appeal may be made to the circuit
9judge court of either county.
AB328, s. 2
10Section
2. 80.18 of the statutes is repealed.
AB328, s. 3
11Section
3. 80.19 of the statutes is repealed.
AB328, s. 4
12Section
4. 80.20 of the statutes is repealed.
AB328, s. 5
13Section
5. 80.21 of the statutes is repealed.
AB328,2,16
15(1) This act first applies to orders and determinations made by town
16supervisors on the effective date of this subsection.
