84.09(4)
(4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto and the customary per diem (or if on an annual salary, a per diem not to exceed the lawful rate permitted for members of county boards) and expenses of the county highway committee incurred in performing duties pursuant to this section shall be paid out of the available improvement or maintenance funds, and members of the highway committee on an annual salary basis shall be entitled to such per diem as compensation for their services in addition to their annual salary fixed pursuant to
s. 59.10 (3) (i).
84.09(5)
(5) Subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for highway purposes and, if real property, the real property is not the subject of a petition under
s. 16.375 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $3,000, for the transfer of surplus state real property to the department of administration under
s. 16.375 or for the transfer of surplus state personal property to the department of tourism under
sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.
84.09(5m)
(5m) Subject to the approval of the governor in the manner and form provided by
sub. (5), the department may convey lands or interests therein acquired pursuant to this section and improvements installed thereon to municipalities within whose limits such lands or interests therein are located. The conveyance of said lands or interests therein and improvements shall restrict the use of the premises by the municipality to the uses for which they were acquired, except that said lands or interests therein declared by the department to be excess may be so conveyed without restrictions as to use.
84.09(5r)
(5r) In lieu of the sale or conveyance of property under
sub. (5) or
(5m), the department may, subject to the approval of the governor, donate real property that is adjacent to the veterans memorial site located at The Highground in Clark County and owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at The Highground in Clark County for the purpose of a memorial hall specified in
s. 70.11 (9). The department may donate property under this subsection only when the department determines that the property is no longer necessary for the state's use for highway purposes and is not the subject of a petition under
s. 16.375 (2) and is transferred with a restriction that the donee may not subsequently transfer the real property to any person except to this state, which shall not be charged for any improvements thereon. Such restriction shall be recorded in the office of the register of deeds in the county in which the property is located. The department shall present to the governor a full and complete report of the property to be donated, the reason for the donation, and the minimum price for which the property could likely be sold under
sub. (5), together with an application for the governor's approval of the donation. The governor shall thereupon make such investigation as he or she considers necessary and approve or disapprove the application. Upon such approval, the department shall by appropriate deed or other instrument transfer the property to the donee. The approval of the governor is not required for donation of property having a fair market value at the time of donation of not more than $3,000. Any expense incurred by the department in connection with the donation shall be paid from the transportation fund.
84.09(5s)
(5s) In lieu of the sale or conveyance of personal property under
sub. (5), the department of transportation may, upon the request of the department of tourism, transfer to the department of tourism, at no cost, personal property that is owned by the state and under the jurisdiction of the department of transportation and that the department of transportation has determined is no longer necessary for the state's use for highway purposes.
84.09(6)
(6) Lands held by any other state department or independent agency may, with the approval of the governor, be conveyed to the department in the manner prescribed by statute and, if none is prescribed, then by a conveyance authorized by appropriate order or resolution of the head of the department or independent agency concerned.
84.09(7)
(7) When transportation funds or federal aid are involved in financing an expressway project under
s. 59.84, the department, proceeding under the general authority in this section, may order that all or certain parts of the required land or interests therein shall be acquired by the county board or its designated standing committee. When so ordered, the county board or its designated standing committee and the department shall appraise and agree on the maximum price, including all damages recoverable in condemnation proceedings, considered reasonable for the lands or interests to be so acquired. The county board or its designated standing committee shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required, to the county or the state as grantee, all as directed in the department's order. The instrument of conveyance shall be subject to approval by the department, and shall be recorded in the office of the register of deeds and filed with the department. If the needed lands or interests therein cannot be purchased expeditiously within the agreed appraised price, the county board or its designated standing committee may acquire them by condemnation under
ch. 32, but any award by the county board or its designated standing committee in excess of the agreed appraisal price shall be subject to review by the department. For the purposes and in the manner provided in
s. 59.84 (2) (d) 1., when so directed in the department's order, the county board or its designated standing committee may acquire remnants, and with the approval of the department the county board may dispose of remnants and may improve, use, maintain or lease lands and interests acquired and held in trust for the state until they are actually needed for expressway construction. The net proceeds of the sales or rentals shall be remitted to the state or retained and used for expressway purposes when so directed by the department.
84.09(8)(a)(a) In this subsection, "surplus land" means land under the jurisdiction of the department which is unused and not needed for department operations or included in the department's plan for construction or development.
84.09(8)(b)
(b) Biennially, beginning on January 1, 1984, the department shall submit to the state building commission and the joint committee on finance an inventory of surplus land containing a general description of the location and an estimated value of each parcel.
84.09 Annotation
Where federal law required consideration and minimization of impact on lands containing Indian artifacts in designing a highway project, but did not specifically require mitigation, condemnation of five acres for mitigation outside the highway right-of-way was not authorized by this section. Mitton v. Transportation Dept. 184 W (2d) 738, 516 NW (2d) 709 (1994).
84.09 Annotation
The commission has the power to condemn lands of one property owner to provide a public access road to another property owner who would otherwise be landlocked. 61 Atty. Gen. 36.
84.09 Annotation
The highway commission may properly engage in hardship acquisitions under this section without the filing of an environmental impact statement under either federal or state law but must in such instances comply with the requirements of 84.09 and 32.25 (1). 62 Atty. Gen. 200.
84.093
84.093
Cooperative acquisition of rights-of-way. 84.093(1)(1) The department, acting in the public interest, may contract with a public utility, as defined in
s. 196.01 (5), or with a rural electric cooperative association, as described in
s. 32.02 (10), for the receipt or furnishing of services, or the joint exercise of any power or duty required or authorized by law, relating to the acquisition, development or maintenance of rights-of-way to be used jointly by the department and a public utility or rural electric cooperative association. If parties to a contract under this section have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. This section shall be interpreted liberally in favor of cooperative action between the department and a public utility or rural electric cooperative association.
84.093(2)
(2) Any contract under this section may provide a plan for administration of the function or project, which may include provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets and formation and letting of contracts.
84.093 Note
NOTE: This section was created as s. 84.095 by
1997 Wis. Act 91 and renumbered by the revisor under s. 13.93 (1) (b).
84.093 History
History: 1997 a. 91; s. 13.93 (1) (b).
84.095
84.095
Transportation project plats. 84.095(1)(a)
(a) "Parcel" means one or more pieces of land, or interests or rights in land, under the same ownership or control to be acquired for a project and depicted on a plat.
84.095(1)(b)
(b) "Parcel number" means a unique number assigned to each parcel depicted on a plat.
84.095(1)(c)
(c) "Plat" means a map that is prepared for a project, or a part of a project, and that consists of a single sheet.
84.095(1)(d)
(d) "Project" means a public transportation or transportation-related improvement project.
84.095(1)(e)
(e) "Project number" means a unique number assigned to the project by the department or the city, village, town or county that is undertaking the project.
84.095(1)(f)
(f) "Remainder interest" means land, or an interest or right in land, that is not to be acquired for a project, but that is under the ownership or control of a person who owns or controls a parcel.
84.095(2)(a)(a) The department, or a city, village, town or county, may submit any order or resolution relating to a project in the form of a plat for filing or recording in the office of the register of deeds in the county in which the parcel is located. The plat shall be filed or recorded within 20 days after the plat is signed under
sub. (4) (a) 4. The register of deeds shall file or record any plat submitted under this subsection as a transportation project plat. A project authorized by an order or resolution may be described in more than one plat. Whenever a project is described in more than one plat, each plat may be submitted separately for filing or recording.
84.095(2)(b)1.1. Plats filed or recorded under this section are for parcel delineation purposes only and do not effect a transfer or encumbrance of any title to real or personal property.
84.095(2)(b)2.
2. Submitting a plat for filing or recording under this section satisfies the requirements of
ss. 32.05 (1),
83.08 (1),
84.09 (1) and
114.33 (6) with respect to filing with the county clerk or county highway committee any orders, resolutions, maps or plats for a project.
84.095(3)(a)(a) An order, resolution or plat filed or recorded under this section may be amended or vacated only by the entity that submitted the order, resolution or plat for filing or recording. Any amendment or vacation of an order, resolution or plat filed or recorded under this section may be filed or recorded. The office of the register of deeds shall make suitable notations on the plat affected by an amendment or vacation that is filed or recorded. The register of deeds shall number any amendments to a plat consecutively in the order filed or recorded and shall describe each amendment as follows:
Amendment .... (number) of transportation project plat .... (project number), recorded in volume .... (number) of transportation project plats, page .... (number), on .... (date), .... (county name) register of deeds, and located in .... (quarter section, section, township and range; recorded private claim; or federal reservation).
84.095(3)(b)
(b) Corrections to a plat may be made only by the entity that submitted the plat for filing or recording and only if the correction does not affect the interests or rights to be acquired. Corrections to a plat shall be made by filing or recording with the register of deeds an affidavit of correction that identifies the affected plat and states the defect in or change to the plat along with the correct information. The register of deeds shall make suitable notations on the plat to which the affidavit refers. The record of the affidavit of correction, or a certified copy of the record, is prima facie evidence of the facts stated in the affidavit.
84.095(4)(a)(a) No plat may be filed or recorded in any office of a register of deeds unless the plat includes a certification that it contains all of the following, either as part of the drawing or written elsewhere on the plat:
84.095(4)(a)1.
1. An official order or resolution of the department, city, village, town or county authorizing the project.
84.095(4)(a)3.
3. The plat number, the date on which the plat was prepared and the signature of the person under whose direction the plat was prepared.
84.095(4)(a)4.
4. The signature of the person authorized by the department or the city, village, town or county to sign the plat.
84.095(4)(a)8.
8. The existing and new locations of the transportation facility.
84.095(4)(a)9.
9. The delineation of each parcel. For each parcel, a complete description of the following shall be included:
84.095(4)(a)11.
11. Reference to platted land surveys or other surveys of record and the locations of known monuments established for such surveys.
84.095(4)(b)
(b) In addition to the information required under
par. (a), a plat for a highway project shall include the following:
84.095(4)(b)1.
1. The designation of the highway and any adjacent or intersecting streets or highways by name, number or letter.
84.095(4)(b)2.
2. A description of the reference line for the highway by bearing and distance.
84.095(4)(b)3.
3. The location of the highway reference line by bearing and distance from a boundary line of a section, if known, or from a recorded private claim or federal reservation.
84.095(4)(b)4.
4. A description of the highway right-of-way boundaries by bearing and distance.
84.095(4)(b)5.
5. The locations of existing reference lines and right-of-way lines.
84.095(4)(c)
(c) Notwithstanding its depiction on a plat, the boundary of a parcel extends to the boundary of the adjoining property parcel or body of water.
84.095(5)
(5) Surveyor's certificate. A plat prepared for filing or recording under this section shall include a certificate of a land surveyor registered under
s. 443.06 that the plat is a correct representation of the project described and that the identification and location of each parcel can be determined from the plat. This subsection does not apply to plats prepared by the department.
84.095(6)(a)(a) No plat may be filed or recorded in the office of a register of deeds unless the plat has a binding margin of 1.5 inches wide and a one-inch margin on all other sides, and is printed on muslin-backed white paper that is 22 inches wide by 30 inches long with nonfading black image or reproduced with photographic silver haloid image on double matt polyester film of not less than 4 mil thickness. A plat that is submitted for filing or recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds.
84.095(7)
(7) Description for parcels and remainder interests. 84.095(7)(a)(a) Whenever a plat has been filed or recorded under this section, any parcel depicted in the plat that is acquired for a project by conveyance or eminent domain proceedings shall be described as follows:
Parcel .... (number) of transportation project plat .... (project number), recorded in volume .... (number) of transportation project plats, page .... (number), on .... (date), .... (county name) register of deeds, and located in .... (quarter section, section, township and range; recorded private claim; or federal reservation).
84.095(7)(c)
(c) Subsequent conveyances, mortgages and other instruments concerning a remainder interest may refer to the parcel description in
par. (a) as an exception to the conveyance.
84.095(8)(a)(a) The register of deeds shall index plats filed or recorded under this section in the manner described in
s. 59.43 (12m), whether or not the county board has enacted an ordinance requiring such an index.
84.095(8)(b)
(b) Within 3 working days after the date on which a plat is submitted for recording under this section, the register of deeds shall assign a document number and volume and page of recording for the plat and, if the person submits with the plat a properly addressed postcard for which postage had been paid, shall provide written notice of such information to the person who submitted the plat.
84.095(9)
(9) Local review. No state agency, city, village, town or county may require the review or approval of a plat as a condition of filing or recording the plat if the plat is prepared in accordance with this section.
84.095 History
History: 1997 a. 282.
84.10
84.10
Maintenance and operation of bridges not on state trunks. 84.10(1)(1) The amounts allocated under
s. 20.395 (3) (cq) and
(eq) for the purposes described in this subsection shall be expended by the department for the maintenance and operation of bridges not on the state trunk highway system which were constructed, reconstructed, or purchased under
s. 84.11 before August 9, 1989, and under
s. 84.12 and free bridges located in connecting highways in 4th class cities, and towns, which have a length, not including approaches, of 300 feet or more, or a swing or lift span. Except as provided in a jurisdictional transfer agreement under
s. 84.16, all matters relating to the maintenance and operation of such bridges shall be under the control of the department. Maintenance and operation shall not include the roadway lighting system and shall not include snow and ice removal and control for bridges located on connecting highways. The department may arrange with any county highway committee or with any city, village or town for the operation or maintenance or both of any such bridge; and any county highway committee, city, village or town may enter into such arrangement. This subsection does not apply to
sub. (2).
84.10(2)
(2) The joint committee on finance may transfer moneys to
s. 20.395 (3) (cq) from any other segregated revenue appropriations of the department for state operations from the transportation fund, upon request of the department, for the purpose of supplementing moneys allocated under
s. 20.395 (3) (cq) for the rehabilitation of a local bridge for which improvement is a state responsibility and which has been posted with a weight limitation as provided in
s. 349.16 (2).
84.102
84.102
Governor Nelson Dewey Memorial Highway. In order to commemorate the first governor of the state of Wisconsin, the department shall designate and mark as the "Governor Nelson Dewey Memorial Highway" STH 81 from its junction with STH 35 in Grant county to Cassville, Governor Dewey's hometown.
84.102 History
History: 1989 a. 76.
84.1022
84.1022
Green Bay ethnic trail. 84.1022(1)
(1) The department shall designate and mark a transportation corridor commencing at the state line in Kenosha county and proceeding northerly to Green Bay in Brown county as the "Green Bay Ethnic Trail" to commemorate the historical achievements and contributions of earlier ethnic settlements along the shore of Lake Michigan.
84.1022(2)
(2) The transportation corridor shall consist of the following highway route:
84.1022(2)(a)
(a) In Kenosha county, commencing at Russel road at the Illinois-Wisconsin state line and proceeding northerly for approximately 16.7 miles on STH 31 to its junction with CTH "MM" in Racine county.
84.1022(2)(b)
(b) In Racine county, proceeding northerly for approximately 0.9 mile on CTH "MM" to its junction with STH 38; then proceeding westerly for approximately 1.0 mile on STH 38 to its junction with STH 31; then proceeding northerly for approximately 4.0 miles on STH 31 to its junction with STH 32; and then proceeding northerly for approximately 6.9 miles on STH 32 to its junction with 10th avenue in the city of South Milwaukee in Milwaukee county. The route shall include STH 32 commencing at Four mile road and proceeding northerly for approximately 2 miles to its junction with STH 31.
84.1022(2)(c)
(c) In Milwaukee county, proceeding northerly for approximately 1.6 miles on 10th avenue to its junction with STH 32; then proceeding northerly for approximately 0.8 mile on STH 32 to its junction with STH 62; then proceeding northerly for approximately 1.8 miles on STH 62 to its junction with Layton avenue in the city of Cudahy; then proceeding westerly for approximately 0.1 mile on Layton avenue to its junction with Kinnickinnic avenue; then proceeding northerly for approximately 2.2 miles on Kinnickinnic avenue to its junction with STH 32; then proceeding northerly for approximately 2.3 miles on STH 32 to its junction with 1st street in the city of Milwaukee; then proceeding northerly for approximately 0.5 mile on 1st street to its junction with STH 59; then proceeding westerly for approximately 0.1 mile on STH 59 to its junction with 2nd street; then proceeding northerly for approximately 0.6 mile on 2nd street to its junction with N. Plankinton avenue; then proceeding northerly for approximately 0.6 mile on N. Plankinton avenue to its junction with Kilbourn avenue; then proceeding westerly for approximately 0.1 mile on Kilbourn avenue to its junction with N. Old World 3rd street; then proceeding northerly for approximately 0.7 mile on N. Old World 3rd street to Dr. Martin Luther King Jr. drive; then proceeding northerly for approximately 3.0 miles on Dr. Martin Luther King Jr. drive to its junction with STH 57; and then proceeding northerly for approximately 9.9 miles on STH 57 to its junction with Green Bay road in the village of Thiensville in Ozaukee county.
84.1022(2)(d)
(d) In Ozaukee county, proceeding northerly for approximately 5.7 miles on Green Bay road to its junction with S. Falls road in the village of Grafton; then proceeding northerly for approximately 0.2 mile on S. Falls road to its junction with 12th avenue; then proceeding northerly for approximately 1.8 miles on 12th avenue to its junction with Green Bay road; then proceeding northerly for approximately 2.8 miles on Green Bay road to its junction with Green Bay avenue in the village of Saukville; then proceeding northeasterly for approximately 1.0 mile on Green Bay avenue to its junction with STH 33; then proceeding easterly for approximately 1.1 miles on STH 33 to its junction with Green Bay road; then proceeding northerly for approximately 1.0 mile on Green Bay road to its junction with Hillcrest drive; then proceeding easterly for approximately 0.1 mile on Hillcrest drive to its junction with CTH "LL"; and then proceeding northeasterly for approximately 11.9 miles on CTH "LL" to its junction with CTH "LLL" in Sheboygan county.
84.1022(2)(e)
(e) In Sheboygan county, proceeding northerly for approximately 0.2 mile on CTH "LLL" to its junction with Main street in the village of Cedar Grove; then proceeding northerly for approximately 0.9 mile on Main street to its junction with STH 32; then proceeding northerly for approximately 18.1 miles on STH 32 to its junction with STH 42; and then proceeding northerly for approximately 6.7 miles on STH 42 to its junction with Pioneer road in the village of Spring Valley in Manitowoc county.
