AB678: Bill Text

AB678,67,19 82.15 Appeal of a highway order. Any person aggrieved by a highway order, or a refusal to issue such an order, may seek judicial review under s. 68.13. If the highway is on the line between 2 counties, the appeal may be in the circuit court of either county.

Note: Section 82.15 is based on current s. 80.17. Current s. 80.17 states that the failure to act on an application within 60 days shall be deemed a refusal. The special committee decided that the town board should have to consider the application and affirmatively make a decision. New s. 82.12 creates a 90-day timeline for the board to act, and the failure to act shall not be deemed a refusal.

AB678, s. 166 Section 166. 82.16 (3) of the statutes is created to read:

AB678,68,5 82.16 (3) It shall be presumed that a release was given by the owners of the lands over which the highway was laid out and the public shall be entitled to use the full width of the highway, as laid out, without further compensation if all of the following apply:

AB678,68,6 (a) An order laying out the highway has been filed for more than 30 years.

AB678,68,7 (b) No award of damages or agreement or release has been filed.

AB678,68,9 (c) The highway, or a part of the highway, has been used by the public and public money has been expended on the highway for at least 5 years.

Note: New s. 82.16 (3) is based on the last sentence of current s. 80.07 (1). No substantive change is intended.

AB678, s. 167 Section 167. 82.19 (2) (b) 1. of the statutes is created to read:

AB678,68,13 82.19 (2) (b) 1. In this paragraph, "vehicular travel" means travel using any motor vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05.

AB678, s. 168 Section 168. Subchapter III (title) of chapter 82 [precedes 82.21] of the statutes is created to read:

AB678,68,16 chapter 82

AB678,68,18 Subchapter III Special Procedures

AB678, s. 169 Section 169. 82.21 (1) (a) and (b), (4) (title) and (5) (title) of the statutes are created to read:

AB678,69,3 82.21 (1) (a) Six resident freeholders of the town, city, or village deliver an application to lay out, alter, or discontinue a town line highway to the clerk of every town, city, or village that would be affected by the proposal.

AB678,69,5 (b) The town board, city council, or village board introduces a resolution to lay out, alter, or discontinue a town line highway.

AB678,69,6 (4) (title) Apportionment of authority and responsibility.

AB678,69,7 (5) (title) Appeal of apportionment.

AB678, s. 170 Section 170. 82.27 (title), (1), (5) (c) and (d), (9) and (10) of the statutes are created to read:

AB678,69,12 82.27 (title) Landlocked property and property with insufficient highway access. (1) Definition. In this section, "advantages" means the greater of the following:

AB678,69,14 (a) The increase in value of the landlocked property after the highway is laid out or the way or road is widened.

AB678,69,18 (b) The administrative costs under sub. (5), and the estimated cost of constructing or widening the highway, including both the cost of constructing a turnaround, if one is necessary, and the damages paid to the owner of the land over which the highway is laid out or the way or road is widened.

AB678,69,19 (5) (c) Administrative costs such as clerical costs and publication costs.

AB678,69,21 (d) If special meetings are held only for the purpose of considering the application, per diem compensation for the supervisors.

AB678,69,24 (9) Limit on applications. The determination to deny an application under this section shall be final for the term of 3 years. No application to lay out a highway to the same property shall be considered within 3 years from the date of the refusal.

AB678,70,3 (10) Highway to remain public for at least 2 years. A highway laid out under this section shall be a public road and shall remain and be maintained as a public road for at least 2 years from the date of the order.

Note: The definition of "advantages" in s. 82.27 (1) is new. Under current s. 80.13, the term "advantages" is not defined. In Roberts v. Town of Springvale, 204 Wis. 2d 110, 552 N.W.2d 898, the court held that advantages ". . . refers to how much of a financial benefit has inured to the applicant or the enhancement in value of the applicant's land as a result of the town's decision to lay the highway". While the special committee agreed that this was a reasonable construction of the statutory language, it decided that the costs should be allocated differently. Constructing a highway could increase the value of the landlocked property by a far smaller amount than the cost of construction. The result would be that the town would pay the difference between the construction cost and the increased property value. The special committee decided that since the highway would primarily benefit the landowner, the landowner should bear the cost. The new s. 82.27 retains the term "advantages", but defines it as the greater of the increased value of the property or the estimated cost of constructing the highway and the damages paid to the owner.

Section 82.27 (9) and (10) are new. The special committee discussed the fact that landlocked property owners sometimes file repeated applications to wear down the town board. Thus, new sub. (9) puts a 3-year limit on filing a new application. The special committee also discussed the potential problem of a town constructing the highway and then immediately giving the highway back to the applicant. New sub. (10) requires the highway to remain a public highway for at least 2 years.

AB678, s. 171 Section 171. Subchapter IV (title) of chapter 82 [precedes 82.31] of the statutes is created to read:

AB678,70,6 chapter 82

AB678,70,8 SUBCHAPTER IV EXISTING HIGHWAYS

AB678, s. 172 Section 172. 82.35 (1) (intro.) of the statutes is created to read:

AB678,70,11 82.35 (1) (intro.) The town board, upon its own motion, may lay out and open temporary highways through any lands in the following situations:

AB678, s. 173 Section 173. 83.015 (2) (b) of the statutes is amended to read:

AB678,71,9 83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 81.38 (1), (3) and (4), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.

AB678, s. 174 Section 174. 83.09 of the statutes is amended to read:

AB678,71,18 83.09 Emergency repairs of county trunk highways. Whenever a flood or other casualty renders any county trunk highway dangerous for travel, the town chairperson shall may immediately close it and notify the county highway commissioner thereof, and the commissioner shall promptly make repairs necessary to render the highway safe for travel. If sufficient funds are not available in the county maintenance fund, the commissioner may, with the consent of the chairperson of the county board or of the county highway committee, make the necessary repairs, and the cost thereof shall be paid as soon as funds are available.

Note: In the course of discussing a cross-reference to current s. 83.09, the special committee discussed that section's use of mandatory language. The special committee concluded that it should be changed to "may". The special committee members had concerns about the mandatory language breeding litigation and about the town using this authority unnecessarily.

AB678, s. 175 Section 175. 83.18 (1) (title) of the statutes is repealed.

AB678, s. 176 Section 176. 83.18 (1) of the statutes is renumbered 83.18 and amended to read:

AB678,72,4 83.18 Entry on lands. For constructing or maintaining any highway by the county, the county highway committee or commissioner shall possess all of the powers to acquire and enter lands conferred upon town boards by s. 81.06 82.03 (2) and (5).

AB678, s. 177 Section 177. 83.18 (2) of the statutes is repealed.

AB678, s. 178 Section 178. 83.19 of the statutes is amended to read:

AB678,72,18 83.19 Temporary highways and detours. When any highway which is maintained or to be maintained by the county shall be practically impassable or be dangerous to travel or when it shall be deemed necessary on account of construction or repair work thereon or for other reasons to suspend travel upon any part of such highway, the county highway commissioner may lay out and open temporary highways for the accommodation of public travel through any lands, and the county highway commissioner shall possess the powers conferred by s. 81.08 82.35 upon town boards. Said powers shall be exercised by the county highway commissioner in like manner and the procedure shall be the same except that the contract and orders and claim for damages and other papers relating to the matter shall be filed with the county clerk, and claims for damages shall be acted upon by the county board in the manner provided by s. 893.80.

AB678, s. 179 Section 179. 84.02 (1) of the statutes is amended to read:

AB678,73,4 84.02 (1) Designation. The system of highways known as the trunk highway system heretofore selected and laid out by the legislature and by the highway commission and by special legislative state trunk highway committees and approved by said highway commission and as revised, altered and changed by and under authority vested by law in the highway commission, is hereby validated and confirmed and designated the state trunk highway system but without prejudice to the exercise of the power given to change such system, and all acts by which parts of said system were heretofore adopted or declared to be trunk highways are confirmed and validated. Section 80.32 82.19 (2) does not apply to the state trunk highway system.

AB678, s. 180 Section 180. 84.07 (1) of the statutes is amended to read:

AB678,74,3 84.07 (1) State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the county or municipality, and any county or municipality may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 80.01 (3) 66.1037, and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.

AB678, s. 181 Section 181. 84.14 (3) of the statutes is amended to read:

AB678,74,9 84.14 (3) Participation in town bridge construction. Whenever any municipality has participated in the cost of the construction, reconstruction, or purchase of a bridge under s. 84.11 or 84.12, the property in such municipality shall thereafter be subject to taxation by the county for the construction and repair of bridges within the county under s. 81.38 82.08.

AB678, s. 182 Section 182. 86.26 of the statutes is renumbered 82.50.

AB678, s. 183 Section 183. 86.265 of the statutes is renumbered 82.51.

AB678, s. 184 Section 184. 86.266 of the statutes is renumbered 82.52.

AB678, s. 185 Section 185. 86.315 (3) of the statutes is amended to read:

AB678,74,15 86.315 (3) County forest roads must meet the minimum design standards under s. 86.26 82.50 (1) (a) 2. and 3. in order to qualify for aids under this section.

Note: This bill renumbers the town road standards, which are currently in ch. 86, and moves them into ch. 82. This section merely changes the cross-reference to reflect that move.

AB678, s. 186 Section 186. 236.16 (2) of the statutes is amended to read:

AB678,75,2 236.16 (2) Minimum street width. All streets shall be of the width specified on the master plan or official map or of a width at least as great as that of the existing streets if there is no master plan or official map, but no full street shall be less than 60 feet wide unless otherwise permitted by local ordinance. Widths of town roads platted after January 1, 1966, shall, however, comply with minimum standards for town roads prescribed by s. 86.26 82.50. Streets or frontage roads auxiliary to and located on the side of a full street for service to the abutting property may not after January 1, 1966, be less than 49.5 feet wide.

Note: This bill renumbers the town road standards which are currently in ch. 86, and moves them into ch. 82. This section merely changes the cross-reference to reflect that move.

AB678, s. 187 Section 187. 756.04 (2) of the statutes is amended to read:

AB678,75,5 756.04 (2) Jurors for all circuit courts, except jurors under ch. 80, shall be selected under ss. 756.04 to 756.07.

Note: This bill eliminates all of the provisions in chs. 80 and 81 that concern the selection of juries. Thus, no cross-reference is necessary.

AB678, s. 188 Section 188. 893.73 (2) (c) of the statutes is repealed.

Note: The special committee decided that, for judicial economy, all challenges to the issuance of or refusal to issue a highway order should be brought in one action. This section deletes the provisions that provide for a different timeline for an action that challenges the regularity of a highway order.

AB678, s. 189 Section 189. 893.83 (title) of the statutes is created to read:

AB678,75,8 893.83 (title) Highway defects.

AB678, s. 190 Section 190. Effective date.

AB678,75,10 (1) This act takes effect on January 1, 2005.

Note: The special committee decided on this effective date so that it corresponds with the publication of the new statute books.

The following chart shows where the special committee decided to move the provisions of chs. 80 and 81: - See PDF for table

AB678,78,1 (End)