AB748: Bill Text

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 Section 1. 80.01 (1) (title) of the statutes is renumbered 80.01 (1m) (title) and amended to read:

AB748,2,3 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 Section 2. 80.01 (1) of the statutes is amended to read:

AB748,2,12 80.01 (1) Definition. All highways 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, and recorded, any portion of which has been opened and worked for 3 years are legal highways so far as they have been so opened and worked. The filing of an In this section, "recorded highway" means a highway for which the order laying out any the highway, or a certified copy thereof of the order, has been filed in the office of the clerk of the town or the county in which the highway is 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 Section 3. 80.01 (1m) of the statutes is created to read:

AB748,2,20 80.01 (1m) 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 is a legal highway to the extent that it has been opened and worked. 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.

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 Section 4. 80.01 (2) of the statutes is renumbered 80.01 (2) (a) and amended to read:

AB748,3,6 80.01 (2) (a) All highways not recorded which have Except as provided in pars. (b) and (c), any unrecorded highway that has been worked as a public highways highway for 10 years or more are is a public highways, highway and are is presumed to be 4 rods 66 feet wide, except that roads and bridges.

AB748,3,11 (b) No road or bridge built upon the bottoms and sloughs of the Mississippi River by citizens or municipalities a municipality of any other state shall not become a legal highways highway or a charge upon the town in which they are situated the road is located unless upon petition they are the highway is legally laid out by the town supervisors; nor shall any grant of.

AB748,3,19 (c) No lands granted for highway purposes, which has that did not become a legal highway prior to the first day of July 1, 1913, shall become effective for such purposes, a legal highway unless the grant is accepted by the town board or by the town meeting of the town wherein the lands and proposed highway are situated located, and until a resolution of such acceptance of the grant is recorded in the office of the town clerk; and in case any such laid out highways have not been fully and sufficiently described or recorded or if the records have been lost or destroyed the presumption 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 Section 5. 80.04 (1) of the statutes is amended to read:

AB748,4,5 80.04 (1) No supervisor shall may act in laying out, altering, widening or discontinuing any highway in which the supervisor may be personally interested. If one supervisor is interested the other two 2 supervisors shall act; if two. If 2 supervisors 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 Section 6. 80.04 (2) of the statutes is amended to read:

AB748,4,12 80.04 (2) Whenever there shall be less are fewer than two 2 supervisors in any a town, the petition application authorized by s. 80.02 may be made to the county board, which shall thereupon promptly appoint a committee of three 3 of its members. Said The committee shall proceed and act upon such petition the application in the same manner and with the same powers in every respect as the supervisors 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 Section 7. 80.08 of the statutes is amended to read:

AB748,4,16 80.08 Width of highways. Except as otherwise expressly provided by in s. 80.13, highways shall be laid out at least three rods 49.5 feet wide, and when no width is 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 Section 8. 80.11 (1) of the statutes is amended to read:

AB748,5,3 80.11 (1) Whenever it shall be deemed is considered necessary to lay out, alter, widen or discontinue a highway upon the line between two 2 towns, or extending from one town into an adjoining town, it shall be done by the supervisors of said the 2 towns acting together, and if such. If the highway is laid out or altered it may be either upon or as near to the town line or as near thereto as the situation of the ground will admit; and they. The supervisors of the 2 towns acting together may vary the same location on either on one side or the other of such the town line as they may deem consider to be necessary.

AB748, s. 9 Section 9. 80.11 (2) of the statutes is renumbered 80.11 (2) (a) (intro.) and amended to read:

AB748,5,7 80.11 (2) (a) (intro.) The An application therefor under sub. (1) shall be in all of the following:

AB748,5,8 1. In duplicate, addressed.

AB748,5,9 2. Addressed to the supervisors of both towns, and be signed.

AB748,5,10 3. Signed by at least 6 resident freeholders in each town; and be delivered

AB748,5,11 4. Delivered to a supervisor or the clerk of each town.

AB748,5,15 (b) Upon receipt of such an application under par. (a), the supervisors shall promptly fix a, and give notice of, the time when and place for deciding thereon, and give notice thereof where the application will be decided. The notices of the time and place of meeting notice shall be signed all of the following:

AB748,5,16 1. Signed by a majority of the supervisors of each town, and published.

AB748,5,18 2. Published as a class 2 notice, under ch. 985, in said each of the towns, and served.

AB748,5,19 3. Served as required by s. 80.05.

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

AB748, s. 10 Section 10. 80.11 (3) of the statutes is renumbered 80.11 (3) (a) and amended to read:

AB748,6,16 80.11 (3) (a) The said supervisors, upon laying out, altering or widening such highway may determine, in the order, what under sub. (2) (c) may designate the part of such the highway that shall be made and kept in repair by each town, and what the share of the damages, if any, that shall be paid by each; and each town. Each town shall have all of the rights and be subject to the liabilities in relation to the part of such the highway to be made or repaired by it as if it were wholly located in such that town. If no such apportionment shall have been made in the order laying out, altering or widening such highway or any part thereof; or if such highway or any part thereof shall have had its origin in user; or if in the judgment of said supervisors circumstances have so altered since the last previous apportionment or reapportionment of such highway or any part thereof as to render the same inequitable or impracticable, a

AB748,6,20 (b) 1. (intro.) A majority of the supervisors of each town, meeting together, may make such an order in accordance with par. (a) apportioning or reapportioning such a town line highway or any part thereof as of the highway that they may deem consider advisable, which if any of the following conditions exists:

AB748,6,23 2. An order made under this paragraph shall be filed as hereinbefore provided. When so made such order in sub. (2) (c) and shall be of have the same force and effect as an order made in connection with the original laying out of such the highway.

AB748,7,4 (c) Any written order or agreement made before August 27, 1947 made, by a majority of the supervisors of each town concerned, acting together, apportioning or reapportioning a town line highway is hereby validated and shall be of has the same force and effect as though made on or after said date. Where flowage crosses and covers a portion of a town line road, then that part of such order which previously fixed their respective liabilities shall be deemed vacated August 27, 1947.

AB748, s. 11 Section 11. 80.11 (3) (b) 1. a., b. and c. of the statutes are created to read:

AB748,7,7 80.11 (3) (b) 1. a. No apportionment has been made in an order laying out, altering or widening the highway or a part of the highway.

AB748,7,8 b. The highway or a part of the highway had its origin in user.

AB748,7,11 c. In the judgment of the supervisors circumstances have been so altered since the last apportionment of the highway or part of the highway that the apportionment or reapportionment has been rendered inequitable or impracticable.

AB748, s. 12 Section 12. 80.11 (4) of the statutes is renumbered 80.11 (4) (a) (intro.) and amended to read:

AB748,7,16 80.11 (4) (a) (intro.) If by any change of the boundaries of either or both such towns including that caused by flowage the The part of an order fixing the liabilities of towns in regard to a town line highway is vacated if any of the following occurs:

AB748,7,19 1. The territory of either shall be town is increased or diminished, or in the event a by a change of the boundaries of either town including a change caused by flowage.

AB748,7,21 2. A portion of said the town line highway is or has been taken over by the state or county under the state or county highway system, or if a.

AB748,7,24 3. A new town or village be is formed out of a part of the territory of either or both of said the towns, having a portion of such the town line highway within its borders or if a.

AB748,8,2 4. A portion of a town line road highway is crossed and covered by flowage, that part of such order fixing their liabilities shall be deemed vacated, and a.

AB748,8,9 (b) 1. In the event that an order or part of an order is vacated under par. (a) 1., 2. or 4., a majority of the supervisors of each such town that is party to the order shall, before the time for making the next tax roll, meet together with a majority of the supervisors of such new town or with the president of such village, and all of them when so convened shall, if they can agree, and attempt to make a new order apportioning the liabilities on account of such the highway, which shall be filed as hereinbefore 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 Section 13. 80.11 (4) (b) 2. of the statutes is created to read:

AB748,8,16 80.11 (4) (b) 2. In the event that an order or part of an order is vacated under par. (a) 3., a majority of the supervisors of each town that is party to the order shall, before the time for making the next tax roll, meet together with a majority of the supervisors of the new town or with the president of the new village and attempt to make a new order apportioning the liabilities on account of the highway, which shall be 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 Section 14. 80.11 (5) of the statutes is amended to read:

AB748,9,5 80.11 (5) If they fail to make such order no agreement is reached under sub. (4) (b), or if the an order laying out, altering or widening such a town line highway shall has not have apportioned the liability of the towns or village on account of such the highway, the supervisors of either an affected town or the president of said an affected village, after ten 10 days' notice of the time and place of so doing hearing served on the clerk of each town and village to be affected, may apply to the circuit judge of the county in which such towns and village or the affected town or village on whose behalf such notice is given is located, for the appointment of three 3 commissioners to apportion the liabilities of such towns each affected town and village on account of such the town line highway.

AB748, s. 15 Section 15. 80.11 (6) and (7) of the statutes are amended to read:

AB748,9,15 80.11 (6) Upon proper application such under sub. (5), the circuit judge shall appoint three 3 residents of such the county as commissioners. They The commissioners shall proceed, on not less than five 5 days' notice in writing to the clerk of each town and village clerks, to make such apportionment, and their affected, apportion the liabilities of each affected town and village on account of the highway. The commissioners shall make the determination shall be made in writing and filed shall file the determination with the clerk of each town and village affected, and shall have. The commissioners' determination has the same force and effect as an order of the supervisors, and the village president made under sub. (2), (3) or (4).

AB748,9,24 (7) Any bridge on a highway that became a highway under s. 80.01 (2) as a result of having been worked, that is between two 2 towns, or between a town on one side and a village or a town and village on the other side, which highway has become such by reason of having been used and worked as provided in s. 80.01 (2), which bridge and that has not been assigned to either of the adjoining towns or village, shall be repaired and maintained by such the adjoining towns and village, and the. The cost of repairs and maintenance shall be paid by them the adjoining towns and village in proportion to the valuation of the property therein in the adjoining towns and village as equalized by the county board or boards at the last equalization.

AB748, s. 16 Section 16. 80.11 (8) of the statutes is renumbered 80.11 (8) (a) and amended to read:

AB748,10,7 80.11 (8) (a) Unless Except as provided in par. (b) and sub. (7) or unless otherwise provided by statute or agreement, every highway bridge on a town, village or city boundary shall be maintained by the municipalities in which it the bridge is located, each contributing to the expenses thereof in proportion to the last assessment of taxable property therein. Provided, however, that any

AB748,10,13 (b) Any bridge, or bridges, over any stream or river forming the boundary line between two 2 counties erected or maintained solely by one of the adjoining municipalities, may be closed or discontinued by such the municipality so maintaining the same when such bridge if the other adjoining municipality shall fail fails to cooperate in such contribute towards the maintenance in of the bridge in the following proportion:

AB748,10,17 1. In proportion to the amount of the cost thereof of erecting the bridge borne by said the adjoining municipality that does not maintain the bridge, if the bridge was erected at the joint expense of the two 2 adjoining municipalities; or, if not so erected, then in.

AB748,10,19 2. In the proportion of one-half the cost of such maintenance, if the bridge was not 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 Section 17. 80.12 of the statutes is renumbered 80.12 (1) amended to read:

AB748,11,6 80.12 (1) Whenever it is deemed considered necessary to lay out, alter, widen or discontinue a highway upon the line between a town and city or village or to lay out, alter, widen or discontinue a highway or any part thereof of a highway extending from a town to a city or village, the proceedings therefor may be had under s. 80.11. The application therefor to lay out, alter, widen or discontinue the highway or any part of the highway shall be in duplicate, addressed to the supervisors of the town and the common council of the city or the board of trustees of the village, and be signed by at least 6 freeholders of the town and 6 freeholders of the city or village. Thereupon such

AB748,11,12 (2) Upon receipt of an application under sub. (1), the common council or board of trustees shall appoint 3 commissioners on the part of such the affected city or village, who. The commissioners shall be duly sworn to faithfully discharge their duties as such commissioners before entering on the same. Such upon those duties. The commissioners and town supervisors shall then give notice and proceed in all respects as provided in s. 80.11; and such.

AB748,11,20 (3) The city or village shall be in like manner as a town responsible for that part of such the affected highway determined to that, under s. 80.11 (3 (a) shall be made and kept in repair by the same city or village and for the share of damages assigned to the same city or village under s. 80.11 (3) (a). The cost of repairs, improvement and maintenance of any highway laid out on a line between a city and a town or village or located on one or the other side of the line may be at the expense of such the adjoining municipalities and the apportionment may be made as provided in s. 80.11 (3) to (6).

AB748,12,4 (4) The town board, and village board and or city council may cause any such highway or any part of such a highway subject to the provisions of this section, which is not less than 16 rods 264 feet in length, to be graded, paved, macadamized or otherwise improved, including the establishment of the grade and the, construction of the curbs and gutters, and installation of water and sewer mains and service pipes, or either, and. The town board and village board or city council may levy special assessments for the whole or any part of the cost thereof of the improvements as a tax upon such the property as that they shall determine as is especially benefited thereby by the improvements, in the manner provided in s. 66.60.

AB748,12,7 (5) All proceedings and orders required to be filed and recorded shall be filed and recorded in the office of the clerk of the affected city or, village clerk as well as in 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 Section 18. 80.13 (1) of the statutes is amended to read:

AB748,12,15 80.13 (1) When any person shall present to presents the supervisors of any town board with an affidavit satisfying them that that person is the that meets the requirements under sub. (1m), the town board shall set a time and place to conduct a hearing regarding the laying out or widening of a highway. The hearing shall be held after 10 days and within 30 days of the receipt of the affidavit by the town board. Notice of the time and place of the hearing shall be served as required by s. 80.05 and published as a class 2 notice under ch. 985.

AB748,12,19 (1m) The affidavit required under sub. (1) shall be executed by the owner or lessee of real estate (describing the same) located within said the town, shall contain a description of the affected real estate and that the same shall contain facts that satisfy the supervisors that any of the following circumstances exists:

AB748,13,4 (a) The real estate described in the affidavit is shut out from all public highways, other than a waterway, by being surrounded on all sides by real estate belonging to owned by other persons, or by such real estate owned by other persons and by water, or that that person is the owner or lessee of real estate (describing the same) and that the owner or lessee is unable to purchase a right-of-way to a public highway from the owners of the adjoining real estate or that such a right-of-way cannot be purchased except at an exorbitant price, which price shall be stated in the affidavit.

AB748,13,9 (b) 1. The the owner or lessee is the owner of a private way or road leading, whose width shall be stated in the affidavit, that leads from said the described real estate to a public highway but that such the way or road or way is too narrow, giving its width, to afford that person the owner or lessee reasonable access to and from said the described real estate to said the public highway, that that person; and

AB748,13,18 2. The owner or lessee is unable to purchase from any of said persons the a right-of-way over or through the same from the described real estate to a public highway, or that that person is unable to purchase from the owner or owners of land on either or both sides of that person's the owner's or lessee's way or road land to make such the way or road of sufficient width, or that it the right-of-way or additional land cannot be purchased except at an exorbitant price, stating the lowest which price for which the same the can be purchased, the said supervisors shall appoint a time and place for hearing said matter, which hearing shall be after ten days and within thirty days of the receipt of said stated in the affidavit.

AB748, s. 19 Section 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 Section 20. 80.13 (3) of the statutes is renumbered 80.13 (3) (a) and amended to read:

AB748,14,6 80.13 (3) (a) The supervisors town board shall meet at the appointed time and place stated in the notice given under sub. (1) and shall then in their discretion proceed to lay out such a highway of not more than three nor less than two rods 33 feet nor more than 49.5 feet in width from the public highway to such the real estate , described in the affidavit under sub. (1) (a) or (b) by either laying out a new highway across the surrounding land or shall add by adding enough land to its the width of the existing way or road described in the affidavit under sub. (1) (b) to make it not less than two 33 feet nor more than three rods 49.5 feet in width, and .

AB748,14,10 (b) The town board shall assess the damages to the owner or owners of the real estate over or through which the same highway shall be laid or from whom land shall be taken and the advantages to the applicant. The town board may not assess damages 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 Section 21. 80.13 (4) of the statutes is amended to read: