AB748,6,2 20(c) A majority of the supervisors of each town shall meet jointly at the time and
21place named in the notice under par. (b) to decide upon such the application and to
22sign the order and the award of damages, and in all other things the. The proceedings
23shall be the same as are required by law in laying out, altering, widening or
24discontinuing highways located wholly within a one town. The orders, awards,

1notices and all papers shall be in duplicate, and one duplicate of each shall be filed
2with each town clerk, and the. The order shall be recorded in each town clerk's office.
AB748, s. 10 3Section 10. 80.11 (3) of the statutes is renumbered 80.11 (3) (a) and amended
4to read:
AB748,6,165 80.11 (3) (a) The said supervisors, upon laying out, altering or widening such
6highway may determine, in the
order, what under sub. (2) (c) may designate the part
7of such the highway that shall be made and kept in repair by each town, and what
8the share of the damages, if any, that shall be paid by each; and each town. Each town
9shall have all of the rights and be subject to the liabilities in relation to the part of
10such the highway to be made or repaired by it as if it were wholly located in such that
11town. If no such apportionment shall have been made in the order laying out,
12altering or widening such highway or any part thereof; or if such highway or any part
13thereof shall have had its origin in user; or if in the judgment of said supervisors
14circumstances have so altered since the last previous apportionment or
15reapportionment of such highway or any part thereof as to render the same
16inequitable or impracticable, a
AB748,6,20 17(b) 1. (intro.) A majority of the supervisors of each town, meeting together, may
18make such an order in accordance with par. (a) apportioning or reapportioning such
19a town line highway or any part thereof as of the highway that they may deem
20consider advisable, which if any of the following conditions exists:
AB748,6,23 212. An order made under this paragraph shall be filed as hereinbefore provided.
22When so made such order
in sub. (2) (c) and shall be of have the same force and effect
23as an order made in connection with the original laying out of such the highway.
AB748,7,4 24(c) Any written order or agreement made before August 27, 1947 made, by a
25majority of the supervisors of each town concerned, acting together, apportioning or

1reapportioning a town line highway is hereby validated and shall be of has the same
2force and effect as though made on or after said date. Where flowage crosses and
3covers a portion of a town line road, then that part of such order which previously
4fixed their respective liabilities shall be deemed vacated
August 27, 1947.
AB748, s. 11 5Section 11. 80.11 (3) (b) 1. a., b. and c. of the statutes are created to read:
AB748,7,76 80.11 (3) (b) 1. a. No apportionment has been made in an order laying out,
7altering or widening the highway or a part of the highway.
AB748,7,88 b. The highway or a part of the highway had its origin in user.
AB748,7,119 c. In the judgment of the supervisors circumstances have been so altered since
10the last apportionment of the highway or part of the highway that the apportionment
11or reapportionment has been rendered inequitable or impracticable.
AB748, s. 12 12Section 12. 80.11 (4) of the statutes is renumbered 80.11 (4) (a) (intro.) and
13amended to read:
AB748,7,1614 80.11 (4) (a) (intro.) If by any change of the boundaries of either or both such
15towns including that caused by flowage the
The part of an order fixing the liabilities
16of towns in regard to a town line highway is vacated if any of the following occurs:
AB748,7,19 171. The territory of either shall be town is increased or diminished, or in the
18event a
by a change of the boundaries of either town including a change caused by
19flowage.
AB748,7,21 202. A portion of said the town line highway is or has been taken over by the state
21or county under the state or county highway system, or if a.
AB748,7,24 223. A new town or village be is formed out of a part of the territory of either or
23both of said the towns, having a portion of such the town line highway within its
24borders or if a.
AB748,8,2
14. A portion of a town line road highway is crossed and covered by flowage, that
2part of such order fixing their liabilities shall be deemed vacated, and a
.
AB748,8,9 3(b) 1. In the event that an order or part of an order is vacated under par. (a) 1.,
42. or 4., a
majority of the supervisors of each such town that is party to the order shall,
5before the time for making the next tax roll, meet together with a majority of the
6supervisors of such new town or with the president of such village, and all of them
7when so convened shall, if they can agree,
and attempt to make a new order
8apportioning the liabilities on account of such the highway, which shall be filed as
9hereinbefore provided in sub. (2) (c).
Note: Subdivides provision, reorders text and moves stricken material to a
separate subdivision for greater readability and conformity with current style. See the
next section of this bill.
AB748, s. 13 10Section 13. 80.11 (4) (b) 2. of the statutes is created to read:
AB748,8,1611 80.11 (4) (b) 2. In the event that an order or part of an order is vacated under
12par. (a) 3., a majority of the supervisors of each town that is party to the order shall,
13before the time for making the next tax roll, meet together with a majority of the
14supervisors of the new town or with the president of the new village and attempt to
15make a new order apportioning the liabilities on account of the highway, which shall
16be filed as provided in sub. (2) (c).
Note: Recreates language to reposition text in s. 80.11 (4). See the previous section
of this bill.
AB748, s. 14 17Section 14. 80.11 (5) of the statutes is amended to read:
AB748,9,518 80.11 (5) If they fail to make such order no agreement is reached under sub.
19(4) (b)
, or if the an order laying out, altering or widening such a town line highway
20shall has not have apportioned the liability of the towns or village on account of such
21the highway, the supervisors of either an affected town or the president of said an
22affected
village, after ten 10 days' notice of the time and place of so doing hearing

1served on the clerk of each town and village to be affected, may apply to the circuit
2judge of the county in which such towns and village or the affected town or village
3on whose behalf such notice is given is located, for the appointment of three 3
4commissioners to apportion the liabilities of such towns each affected town and
5village on account of such the town line highway.
AB748, s. 15 6Section 15. 80.11 (6) and (7) of the statutes are amended to read:
AB748,9,157 80.11 (6) Upon proper application such under sub. (5), the circuit judge shall
8appoint three 3 residents of such the county as commissioners. They The
9commissioners
shall proceed, on not less than five 5 days' notice in writing to the
10clerk of each town and village clerks, to make such apportionment, and their affected,
11apportion the liabilities of each affected town and village on account of the highway.
12The commissioners shall make the
determination shall be made in writing and filed
13shall file the determination with the clerk of each town and village affected, and shall
14have
. The commissioners' determination has the same force and effect as an order
15of the supervisors, and the village president made under sub. (2), (3) or (4).
AB748,9,24 16(7) Any bridge on a highway that became a highway under s. 80.01 (2) as a
17result of having been worked, that is
between two 2 towns, or between a town on one
18side and a village or a town and village on the other side, which highway has become
19such by reason of having been used and worked as provided in s. 80.01 (2), which
20bridge
and that has not been assigned to either of the adjoining towns or village, shall
21be repaired and maintained by such the adjoining towns and village, and the. The
22cost of repairs and maintenance shall be paid by them the adjoining towns and
23village
in proportion to the valuation of the property therein in the adjoining towns
24and village
as equalized by the county board or boards at the last equalization.
AB748, s. 16
1Section 16. 80.11 (8) of the statutes is renumbered 80.11 (8) (a) and amended
2to read:
AB748,10,73 80.11 (8) (a) Unless Except as provided in par. (b) and sub. (7) or unless
4otherwise provided by statute or agreement, every highway bridge on a town, village
5or city boundary shall be maintained by the municipalities in which it the bridge is
6located, each contributing to the expenses thereof in proportion to the last
7assessment of taxable property therein. Provided, however, that any
AB748,10,13 8(b) Any bridge, or bridges, over any stream or river forming the boundary line
9between two 2 counties erected or maintained solely by one of the adjoining
10municipalities, may be closed or discontinued by such the municipality so
11maintaining the same when such bridge if the other adjoining municipality shall fail
12fails to cooperate in such contribute towards the maintenance in of the bridge in the
13following proportion:
AB748,10,17 141. In proportion to the amount of the cost thereof of erecting the bridge borne
15by said the adjoining municipality that does not maintain the bridge, if the bridge
16was
erected at the joint expense of the two 2 adjoining municipalities; or, if not so
17erected, then in
.
AB748,10,19 182. In the proportion of one-half the cost of such maintenance, if the bridge was
19not erected at joint expense
.
Note: Subdivides provision, reorders text, deletes redundancies, replaces word
form of numbers with digits and replaces language for greater readability and conformity
with current style.
AB748, s. 17 20Section 17. 80.12 of the statutes is renumbered 80.12 (1) amended to read:
AB748,11,621 80.12 (1) Whenever it is deemed considered necessary to lay out, alter, widen
22or discontinue a highway upon the line between a town and city or village or to lay
23out, alter, widen or discontinue a highway or any part thereof of a highway extending

1from a town to a city or village, the proceedings therefor may be had under s. 80.11.
2The application therefor to lay out, alter, widen or discontinue the highway or any
3part of the highway
shall be in duplicate, addressed to the supervisors of the town
4and the common council of the city or the board of trustees of the village, and be
5signed by at least 6 freeholders of the town and 6 freeholders of the city or village.
6Thereupon such
AB748,11,12 7(2) Upon receipt of an application under sub. (1), the common council or board
8of trustees shall appoint 3 commissioners on the part of such the affected city or
9village, who. The commissioners shall be duly sworn to faithfully discharge their
10duties as such commissioners before entering on the same. Such upon those duties.
11The
commissioners and town supervisors shall then give notice and proceed in all
12respects as provided in s. 80.11; and such.
AB748,11,20 13(3) The city or village shall be in like manner as a town responsible for that part
14of such the affected highway determined to that, under s. 80.11 (3 (a) shall be made
15and kept in repair by the same city or village and for the share of damages assigned
16to the same city or village under s. 80.11 (3) (a). The cost of repairs, improvement and
17maintenance of any highway laid out on a line between a city and a town or village
18or located on one or the other side of the line may be at the expense of such the
19adjoining municipalities and the apportionment may be made as provided in s. 80.11
20(3) to (6).
AB748,12,4 21(4) The town board, and village board and or city council may cause any such
22highway or any part of such a highway subject to the provisions of this section, which
23is
not less than 16 rods 264 feet in length, to be graded, paved, macadamized or
24otherwise improved, including the establishment of the grade and the, construction
25of the curbs and gutters, and installation of water and sewer mains and service pipes,

1or either, and
. The town board and village board or city council may levy special
2assessments for the whole or any part of the cost thereof of the improvements as a
3tax upon such the property as that they shall determine as is especially benefited
4thereby by the improvements, in the manner provided in s. 66.60.
AB748,12,7 5(5) All proceedings and orders required to be filed and recorded shall be filed
6and recorded in the office of the clerk of the affected city or, village clerk as well as
7in the office of the
or town clerk.
Note: Subdivides provision, replaces "rods" with a more common unit of
measurement and replaces other language for greater readability and conformity with
current style.
AB748, s. 18 8Section 18. 80.13 (1) of the statutes is amended to read:
AB748,12,159 80.13 (1) When any person shall present to presents the supervisors of any
10town board with an affidavit satisfying them that that person is the that meets the
11requirements under sub. (1m), the town board shall set a time and place to conduct
12a hearing regarding the laying out or widening of a highway. The hearing shall be
13held after 10 days and within 30 days of the receipt of the affidavit by the town board.
14Notice of the time and place of the hearing shall be served as required by s. 80.05 and
15published as a class 2 notice under ch. 985.
AB748,12,19 16(1m) The affidavit required under sub. (1) shall be executed by the owner or
17lessee of real estate (describing the same) located within said the town, shall contain
18a description of the affected real estate
and that the same shall contain facts that
19satisfy the supervisors that any of the following circumstances exists:
AB748,13,4 20(a) The real estate described in the affidavit is shut out from all public
21highways, other than a waterway, by being surrounded on all sides by real estate
22belonging to owned by other persons, or by such real estate owned by other persons
23and by water, or that that person is the owner or lessee of real estate (describing the

1same)
and that the owner or lessee is unable to purchase a right-of-way to a public
2highway from the owners of the adjoining real estate or that such a right-of-way
3cannot be purchased except at an exorbitant price, which price shall be stated in the
4affidavit.
AB748,13,9 5(b) 1. The the owner or lessee is the owner of a private way or road leading,
6whose width shall be stated in the affidavit, that leads
from said the described real
7estate to a public highway but that such the way or road or way is too narrow, giving
8its width,
to afford that person the owner or lessee reasonable access to and from said
9the described real estate to said the public highway, that that person; and
AB748,13,18 102. The owner or lessee is unable to purchase from any of said persons the a
11right-of-way over or through the same from the described real estate to a public
12highway, or that that person is unable to purchase from the owner or owners of land
13on either or both sides of that person's the owner's or lessee's way or road land to
14make such the way or road of sufficient width, or that it the right-of-way or
15additional land
cannot be purchased except at an exorbitant price, stating the lowest
16which price for which the same the can be purchased, the said supervisors shall
17appoint a time and place for hearing said matter, which hearing
shall be after ten
18days and within thirty days of the receipt of said
stated in the affidavit.
AB748, s. 19 19Section 19. 80.13 (2) of the statutes is repealed.
Note: The text of sub. (2) is made a part of sub. (1). See the previous section of this
bill.
AB748, s. 20 20Section 20. 80.13 (3) of the statutes is renumbered 80.13 (3) (a) and amended
21to read:
AB748,14,622 80.13 (3) (a) The supervisors town board shall meet at the appointed time and
23place stated in the notice given under sub. (1) and shall then in their discretion

1proceed to lay out such a highway of not more than three nor less than two rods 33
2feet nor more than 49.5 feet
in width from the public highway to such the real estate ,
3described in the affidavit under sub. (1) (a) or (b) by either laying out a new highway
4across the surrounding land
or shall add by adding enough land to its the width of
5the existing way or road described in the affidavit under sub. (1) (b)
to make it not
6less than two 33 feet nor more than three rods 49.5 feet in width, and .
AB748,14,10 7(b) The town board shall assess the damages to the owner or owners of the real
8estate over or through which the same highway shall be laid or from whom land shall
9be taken and the advantages to the applicant. The town board may not assess
10damages in any amount exceeding the price stated in the affidavit of the applicant.
Note: Moves sentence regarding the award of damages from sub. (4) to sub. (3) for
more appropriate placement. Reorders text, replaces "rods" with a more common unit of
measurement and replaces other language for greater readability and conformity with
current style.
AB748, s. 21 11Section 21. 80.13 (4) of the statutes is amended to read:
AB748,14,1912 80.13 (4) But the damages assessed by the supervisors shall in no case exceed
13the price stated in the affidavit of the applicant; upon
Upon laying out such a
14highway, or in adding to the width of a former private way or road, they under sub.
15(3), the town board
shall make and sign an order describing the same laid out
16highway
and file the same order with the town clerk together with their its award
17of damages, which. The order shall be recorded by said the clerk; provided, that the
18amount assessed as advantages to the applicant shall be under sub. (3) is paid to the
19town treasurer before the order laying out such highway shall be filed.
Note: Moves sentence regarding the award of damages from sub. (4) to sub. (3) for
more appropriate placement. Divides provision into multiple sentences and replaces
language for greater readability and conformity with current style.
AB748, s. 22 20Section 22. 80.13 (5) of the statutes is amended to read:
AB748,15,15
180.13 (5) Whenever a parcel of land in any town which is accessible, or provided
2with a right-of-way to a public highway, is subdivided and the owner thereof sells
3and
transfers a any part thereof or sells a of the subdivided parcel of said land by
4metes and bounds, which part or parcel that would otherwise be landlocked and shut
5out from all public highways other than a waterway, by reason of being surrounded
6on all sides by real estate belonging to other persons or by such real estate belonging
7to other persons
and by water without an adequate right-of-way to a public highway,
8the seller shall in so subdividing said land or a part thereof or in selling a parcel of
9said land by metes and bounds
provide a cleared right-of-way at least 50 feet in
10width which that shall be continuous from the highway to each the part , parcel, lot
11or
of the subdivision sold. In case the seller fails to do so provide the required
12right-of-way,
the town board may, pursuant to proceedings under this section, lay
13out a road from such the inaccessible land to the public highway over the remaining
14lands of the seller without assessment to the latter of damages or compensation
15therefor to the seller.
Note: Deletes redundant language and inserts specific references.
AB748, s. 23 16Section 23. 80.23 of the statutes is amended to read:
AB748,16,3 1780.23 Removal of fences from highway; notice. (1) Whenever pursuant
18to this chapter, any highway is laid out, widened or altered through inclosed
19enclosed, cultivated or improved lands and the determination has not been appealed
20from, the highway authorities shall give the owner or occupant of such the lands
21written notice in writing to remove the fences located thereon on the highway within
22such a time as they shall deem determined by the highway authorities to be
23reasonable, but not less than 30 days after giving such the notice; and if. If the owner
24or occupant does not remove the fences within the time required in such by the notice,

1the highway authorities shall cause remove the fences to be removed and shall direct
2the highway to be opened; but if. If the determination has been appealed from, the
3notice shall be given after the final decision of the appeal.
AB748,16,7 4(2) This section does not authorize the opening of a highway through such
5enclosed, cultivated or improved lands or the removal of fences between May 15 and
6September 15, except in cases of emergency to be determined by the highway
7authorities.
Note: Divides long sentence and replaces language for greater readability and
conformity with current style.
AB748, s. 24 8Section 24. 80.24 (1) and (2) of the statutes are amended to read:
AB748,16,129 80.24 (1) Except as provided in sub. (2), an owner of lands through which a
10highway is laid out, widened, altered or discontinued who is not satisfied with the
11award of damages under s. 80.09 may, within 30 days after the filing of the award,
12appeal to the circuit judge court of the county for a jury to assess the damages.
AB748,16,18 13(2) An owner of lands through which a highway is laid out, widened, altered
14or discontinued who has appealed under s. 80.17 from the order laying out, widening,
15altering or discontinuing the highway and who is not satisfied with the award of
16damages under s. 80.09 may, within 30 days after the entry of a final order on the
17appeal affirming the order, appeal to the circuit judge court of the county for a jury
18to assess the damages.
AB748, s. 25 19Section 25. 80.24 (5) (intro.) and (a) of the statutes are consolidated,
20renumbered 80.24 (5) and amended to read:
AB748,17,521 80.24 (5) The At least 6 days before making an appeal under this section, the
22appellant shall serve written notice on 2 of the supervisors of the town in which the
23highway is situated, or upon 2 or more of the supervisors or commissioners of the

1town, city or village who have been assigned the duty of responsible for paying the
2damages for the land, at least 6 days before making the appeal, a. The notice in
3writing, specifying the following: (a) The
shall state the name of the judge to whom
4the appeal will be made and the date, time and place at which the appeal will be
5heard
.
AB748, s. 26 6Section 26. 80.24 (5) (b) and (c) of the statutes are repealed.
AB748, s. 27 7Section 27. 80.25 of the statutes is renumbered 80.25 (1) and amended to read:
AB748,17,148 80.25 (1) Any taxpayer of a town or other municipality in which a highway is
9laid out, altered or discontinued or any part thereof is situated, and which is required
10to pay damages resulting therefrom from the laying out, alteration or
11discontinuation
, may appeal, within 30 days after the award or agreement
12determining the damages has been filed with the town, city or village municipal
13clerk, appeal to the circuit judge court of the county for a jury to assess the damages
14sustained by the persons to whom damages were awarded or are to be paid.
AB748,17,22 15(2) The appeal under this section shall be in writing, describing the premises
16and naming the persons to whom damages are to be paid, and the amount awarded
17to each, and, unless appealing from all of the awards, shall specify the particular
18award from which the taxpayer appeals in case he or she does not appeal from all.
19The appellant shall serve written notice of the appeal upon 2 of the supervisors of the
20town or upon 2 of the commissioners of the city or village to which has been assigned
21the duty of
that is responsible for paying the damages and upon the persons whose
22awards are appealed from,.
AB748,18,2 23(3) The notice under sub. (2) shall be served at least 6 days before making the
24appellant makes the
application, a notice in writing specifying therein for the jury
25to assess damages. The notice shall state
the name of the judge to whom and who

1will hear the application and
the time and place appellant will apply for the selection
2of the jury hearing.
Note: Subdivides provision, reorders and replaces language for greater readability
and conformity with current style and consistency with s. 80.24. See the previous section
of this bill.
AB748, s. 28 3Section 28. 80.26 of the statutes is amended to read:
AB748,18,12 480.26 Appeal bond. The appellant under s. 80.24 or 80.25 shall execute to the
5proper town, city or village and file with the judge circuit court a bond with one or
6more sureties to be approved by such judge the circuit court. In case the appeal is
7by a landowner, the bond shall be conditioned to pay all costs arising from such the
8appeal if the jury shall does not award the appellant an increase of damages. In case
9of an appeal by a taxpayer as such under s. 80.25, the bond shall be conditioned that
10the appellant shall pay all costs arising from such the appeal if the amount of
11damages in the aggregate of the items appealed from shall is not be diminished upon
12as a result of the appeal.
Note: Inserts cross-references and replaces language for greater clarity and
conformity with current style.
AB748, s. 29 13Section 29. 80.27 of the statutes is renumbered 80.27 (1) (intro.) and amended
14to read:
AB748,18,1715 80.27 (1) (intro.) Upon the filing of the bond required under s. 80.26 and notice
16of the appeal with proof of service thereof of the notice, the jury shall be selected and
17summoned in the following manner:
AB748,18,19 18(a) The judge shall make out a list of 15 disinterested resident freeholders of
19the county, not of kin to the owner or occupant of the lands.
AB748,18,22 20(b) Each party in turn shall strike 5 persons from such the list, and if none of
21the proper supervisors or commissioners or other appellee is present, the judge shall
22strike off the 5 names for them, and the any missing party.
AB748,19,4
1(c) The judge shall thereupon issue an order to the sheriff or some a constable
2of the county to summon the 5 persons named in such list and whose names were not
3stricken off to under par. (b) to meet at a time and place to be specified in such the
4order to appraise the damages, the award of which has been appealed from.
AB748,19,7 5(2) In case any juror fails to appear at the time and place fixed for their the
6meeting under sub. (1) (c), the judge shall summon another juror shall be summoned
7in the missing juror's place.
AB748,19,12 8(3) Any juror may be excused for good cause, and if any. Any juror duly who
9is
summoned and under sub. (1) (c), is not excused and fails to serve that juror shall
10forfeit not to exceed $10, and shall be liable to the party having the costs of the appeal
11to pay for additional costs made in consequence of such resulting from the juror's
12failure to serve.
Note: Subdivides provision, inserts cross-references and replaces language for
greater clarity and conformity with current style.
AB748, s. 30 13Section 30. 80.28 of the statutes renumbered 80.28 (1) and is amended to read:
AB748,19,1914 80.28 (1) The jury selected under s. 80.27 shall be sworn by the judge to justly
15and impartially to make such appraisal, and appraise the damages, the award of
16which is appealed from. The jury
shall proceed to view such the highway, subject to
17the appealed order,
and hear the statements and proofs of the parties, and such. The
18jury may increase or diminish decrease the amount awarded, and they shall make
19sign and return of their the jury's appraisal to the judge signed by them; and in.
AB748,20,2 20(2) (a) In case of appeal by a landowner if the jury shall increase the award
21under s. 80.24, the costs and expenses of the proceedings shall be paid by the proper
22town, city or village; but if the jury shall not increase the award the costs and

1expenses shall be paid by the appellant, and in
if the jury increases the amount
2awarded or by the appellant if the jury does not increase the amount awarded.
AB748,20,6 3(b) In case of an appeal by a taxpayer if the award appealed from is diminished,
4the costs and expenses of the proceedings shall be paid by the town, city or village,
5otherwise
if the jury decreases the amount awarded or by the appellant if the jury
6does not decrease the amount awarded
.
AB748,20,8 7(c) In case of cross-appeals if the damages involved therein are unchanged,
8each appellant shall pay half 50% of said the costs and expenses of the proceedings.
AB748,20,13 9(3) If the jury shall fail fails to agree and be is discharged by the judge for that
10reason, the judge shall immediately proceed to make select another list of such
11freeholders,
jury under this section and s. 80.27 (1) and further proceedings shall be
12had thereon on the appeal under s. 80.27 and this section in all respects as in the case
13of a first jury.
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