LRB-0115/1
BEM:cmh/jg/kg:km
1999 - 2000 LEGISLATURE
February 15, 2000 - Introduced by Law Revision Committee. Referred to
Committee on Transportation.
AB748,1,5 1An Act relating to: repealing, consolidating, renumbering, amending and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting and clarifying references, and eliminating
4defects, anachronisms, conflicts, ambiguities and obsolete provisions (Revision
5Bill).
Analysis by the Legislative Reference Bureau
This bill is prepared pursuant to s. 13.93 (2) (j), stats., for the purpose of
modernizing statutory structure and language in order to increase conformity with
current statutory style and to improve user readability and accessibility.
Throughout this bill, the word form of numbers is replaced by digits; disfavored
language is replaced with preferred terms and spellings; long sentences and
statutory units are subdivided or otherwise shortened; and nonspecific articles and
references are replaced. Some punctuation has been changed to accommodate the
other changes.
For further information, see the Notes provided by the the revisor of statutes
bureau in the body of the bill that indicate the treatments that have been made to
the specific statutory units. No substantive changes are intended.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

Note: None of the changes made by this bill are intended to be substantive.
AB748, s. 1 1Section 1. 80.01 (1) (title) of the statutes is renumbered 80.01 (1m) (title) and
2amended to read:
AB748,2,33 80.01 (1m) (title) Validation of highways , recording.
Note: The majority of the text of s. 80.01 (1) is moved to s. 80.01 (1m) so that a
definition can be properly located at the beginning of the section. See the next 2 sections
of this bill.
AB748, s. 2 4Section 2. 80.01 (1) of the statutes is amended to read:
AB748,2,125 80.01 (1) Definition. All highways laid out by the town supervisors, the county
6board or by a committee of the board, or by commissioners appointed by the
7legislature, or by any other authority, and recorded, any portion of which has been
8opened and worked for 3 years are legal highways so far as they have been so opened
9and worked. The
filing of an In this section, "recorded highway" means a highway
10for which the
order laying out any the highway, or a certified copy thereof of the order,
11has been filed
in the office of the clerk of the town or the county in which the highway
12is situated is a recording of such highway within the meaning of this section.
Note: Separates a definition into a separate subsection in accordance with current
style and reorders text to fit within the current format for a definition. The stricken
language is moved to s. 80.01 (1m) by the next section of this bill.
AB748, s. 3 13Section 3. 80.01 (1m) of the statutes is created to read:
AB748,2,2014 80.01 (1m) Any recorded highway that has been laid out by the town
15supervisors, the county board or by a committee of the board, or by commissioners
16appointed by the legislature, or by any other authority, any portion of which has been
17opened and worked for 3 years is a legal highway to the extent that it has been opened
18and worked. Any laid out highway that has not been fully and sufficiently described
19or recorded or for which the records have been lost or destroyed is presumed to be 66
20feet wide.
Note: The first sentence of this subsection is moved from s. 80.01 (1). The second
sentence is moved from the end of sub. (2) as drafting records indicate that the

presumption of width originally applies to this provision and is not needed in sub. (2) due
to the insertion of the same presumption after the 1st clause in that subsection by ch. 70
of the Laws of 1949. The language of both sentences is reordered and modified from the
original and "rods" is replaced by "feet" for improved readability and conformity with
current style.
AB748, s. 4 1Section 4. 80.01 (2) of the statutes is renumbered 80.01 (2) (a) and amended
2to read:
AB748,3,63 80.01 (2) (a) All highways not recorded which have Except as provided in pars.
4(b) and (c), any unrecorded highway that has
been worked as a public highways
5highway for 10 years or more are is a public highways, highway and are is presumed
6to be 4 rods 66 feet wide, except that roads and bridges.
AB748,3,11 7(b) No road or bridge built upon the bottoms and sloughs of the Mississippi
8River by citizens or municipalities a municipality of any other state shall not become
9a legal highways highway or a charge upon the town in which they are situated the
10road is located
unless upon petition they are the highway is legally laid out by the
11town supervisors; nor shall any grant of.
AB748,3,19 12(c) No lands granted for highway purposes, which has that did not become a
13legal highway prior to the first day of July 1, 1913, shall become effective for such
14purposes,
a legal highway unless the grant is accepted by the town board or by the
15town meeting of the town wherein the lands and proposed highway are situated
16located, and until a resolution of such acceptance of the grant is recorded in the office
17of the town clerk; and in case any such laid out highways have not been fully and
18sufficiently described or recorded or if the records have been lost or destroyed the
19presumption shall be that they were laid 4 rods wide
.
Note: Subdivides long sentence, replaces "rods" with "feet", changes from plural
forms to the singular and otherwise reorders text for improved readability and conformity
with current style. Par. (c) previously referred to a grant not becoming a highway when
to be grammatically correct it should have referred to the granted lands not becoming
highways and was written viewing July 1, 1913 prospectively. The language of par. (c)
is adjusted accordingly.
AB748, s. 5
1Section 5. 80.04 (1) of the statutes is amended to read:
AB748,4,52 80.04 (1) No supervisor shall may act in laying out, altering, widening or
3discontinuing any highway in which the supervisor may be personally interested.
4If one supervisor is interested the other two 2 supervisors shall act; if two. If 2
5supervisors
are interested the third 3rd supervisor shall act in the matter.
Note: Shortens sentences, replaces word form of numbers with digits and replaces
language for greater readability and conformity with current style.
AB748, s. 6 6Section 6. 80.04 (2) of the statutes is amended to read:
AB748,4,127 80.04 (2) Whenever there shall be less are fewer than two 2 supervisors in any
8a
town, the petition application authorized by s. 80.02 may be made to the county
9board, which shall thereupon promptly appoint a committee of three 3 of its
10members. Said The committee shall proceed and act upon such petition the
11application
in the same manner and with the same powers in every respect as the
12supervisors of such the town might do.
Note: Replaces word form of numbers with digits and replaces language for greater
readability and conformity with current style.
AB748, s. 7 13Section 7. 80.08 of the statutes is amended to read:
AB748,4,16 1480.08 Width of highways. Except as otherwise expressly provided by in s.
1580.13, highways shall be laid out at least three rods 49.5 feet wide, and when no width
16is specified in the order the highway shall be 4 rods 66 feet wide.
Note: Replaces "rods" with a more common unit of measurement.
AB748, s. 8 17Section 8. 80.11 (1) of the statutes is amended to read:
AB748,5,318 80.11 (1) Whenever it shall be deemed is considered necessary to lay out, alter,
19widen or discontinue a highway upon the line between two 2 towns, or extending
20from one town into an adjoining town, it shall be done by the supervisors of said the
212
towns acting together, and if such. If the highway is laid out or altered it may be
22either upon or as near to the town line or as near thereto as the situation of the

1ground will admit; and they. The supervisors of the 2 towns acting together may vary
2the same location on either on one side or the other of such the town line as they may
3deem
consider to be necessary.
AB748, s. 9 4Section 9. 80.11 (2) of the statutes is renumbered 80.11 (2) (a) (intro.) and
5amended to read:
AB748,5,76 80.11 (2) (a) (intro.) The An application therefor under sub. (1) shall be in all
7of the following:
AB748,5,8 81. In duplicate, addressed.
AB748,5,9 92. Addressed to the supervisors of both towns, and be signed.
AB748,5,10 103. Signed by at least 6 resident freeholders in each town; and be delivered
AB748,5,11 114. Delivered to a supervisor or the clerk of each town.
AB748,5,15 12(b) Upon receipt of such an application under par. (a), the supervisors shall
13promptly fix a, and give notice of, the time when and place for deciding thereon, and
14give notice thereof
where the application will be decided. The notices of the time and
15place of meeting
notice shall be signed all of the following:
AB748,5,16 161. Signed by a majority of the supervisors of each town, and published.
AB748,5,18 172. Published as a class 2 notice, under ch. 985, in said each of the towns, and
18served
.
AB748,5,19 193. Served as required by s. 80.05.
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.
Loading...
Loading...