80.13(4m)
(4m) The following costs may be assessed to the applicant:
80.13(4m)(b)
(b) The cost of any survey or fee of any expert on valuation, or both, reasonably incurred by the town under
subs. (3) and
(4).
80.13(5)
(5) Whenever a parcel of land in any town which is accessible, or provided with a right-of-way to a public highway, is subdivided and the owner transfers any part of the subdivided parcel by metes and bounds that would otherwise be shut out from all public highways by reason of being surrounded on all sides by real estate belonging to other persons or by real estate belonging to other persons and by water without an adequate right-of-way to a public highway, the seller shall provide a cleared right-of-way at least 50 feet in width that shall be continuous from the highway to the part of the subdivision sold. In case the seller fails to provide the required right-of-way, the town board may, pursuant to proceedings under this section, lay out a road from the inaccessible land to the public highway over the remaining lands of the seller without assessment of damages or compensation to the seller.
80.13 Annotation
A board loses jurisdiction to order the laying out of a highway when it orders damages to be paid in 60 days, because s 80.07 requires the order and award to be filed in 10 days and under s. 80.13 (4) the damages must be paid before the order is filed. Northern States Power Co. v. Town of Hunter,
57 Wis. 2d 118,
203 N.W.2d 878.
80.13 Annotation
A town board of supervisors lost jurisdiction to hear an application under s. 80.13 (1) and was deemed to have denied the application by adjourning for more than 30 days in contravention of s. 80.06. The trial court properly refused to review the merits on certiorari under s. 80.34. An aggrieved party's proper remedy was appeal for appointment of reviewing commissioners under s. 80.17. Berschens v. Town of Prairie du Sac,
76 Wis. 2d 115,
250 N.W.2d 369.
80.13 Annotation
When a town board chooses to act on a petition under sub. (1), it need not lay the road over land of the seller under (5) but may lay the road over land of another under sub. (3). Gaethke v. Town of Clay Banks,
86 Wis. 2d 495,
273 N.W.2d 764 (1979).
80.14
80.14
Highway from shut-off land through adjoining town. When the owner of land that is shut out from all highways by being surrounded by lands belonging to other persons, and it is impracticable to lay out a road from that owner's land to a public highway in the town where the land is situated, and it is practicable to lay out a highway from said land to a highway in an adjoining town, that owner may execute an affidavit in duplicate and present one copy to a supervisor of the town where the land is situated and one copy to a supervisor of the town where the proposed highway is to be laid out. The affidavit shall set forth the facts above stated, together with the facts required in the affidavit provided under
s. 80.13. The supervisors of the 2 towns shall proceed as provided under said
s. 80.13, except that all orders and notices shall be signed by the supervisors of both and all papers required to be filed shall be made in duplicate and filed with each town clerk. The amount assessed as advantages to the applicant shall be paid by the applicant to the town treasurer of the town where the applicant's land is situated before the order laying out the highway is filed, and all damages assessed shall be paid by the town where the land of the applicant is situated.
80.14 History
History: 1991 a. 316.
80.15
80.15
Highway to islands in Mississippi River. The owner of an island in the bottoms of the Mississippi River which is shut out from the bank of said river and from a highway by islands and sloughs and by the lands of others, and a right-of-way through the same cannot be purchased at a reasonable price, may present to the supervisors of the town an affidavit setting forth such facts and describing that owner's land. The said supervisors shall then proceed according to the provisions of
s. 80.13 and the provisions of said section shall apply to proceedings under this section. The town shall not be liable for want of repair or for defects in any highway laid out pursuant to this section nor for any accident or injury thereon.
80.15 History
History: 1991 a. 316;
1993 a. 490.
80.16
80.16
Shut-off school buildings; how laid. Whenever a public school in any town is shut off from all public highways, the supervisors of the town shall lay out a highway to the site thereof. No application for such highway shall be necessary, but in every other respect the procedure for laying out an ordinary town highway shall be pursued. No highway shall be discontinued when the effect of such discontinuance shall be to exclude a public school from access to the public highways.
Section 80.22 shall not apply to proceedings under this section.
80.17
80.17
Appeal from highway order. Any order of the town supervisors laying out, altering, widening or discontinuing any highway, or refusing so to do, is subject to judicial review under
s. 68.13, except that only a person aggrieved by the order or determination may seek review. Failure of the supervisors to file their decision upon any application to lay out, alter, widen or discontinue any highway within 60 days after the application is made shall be deemed a refusal of the application. In case of highways upon a line between 2 counties the appeal may be made to the circuit court of either county.
80.17 History
History: 1977 c. 449;
1995 a. 186.
80.17 Annotation
The judge's role is administrative and not judicial. Entry of judgment is beyond a circuit judge's jurisdiction under this section. Town of Taycheedah v. Webb,
118 Wis. 2d 362,
348 N.W.2d 591 (Ct. App. 1984).
80.22
80.22
Determination final for a year unless appealed. The determination refusing to lay out, alter, widen or discontinue any highway shall be final, unless appealed from, for the term of one year after the making of such determination; and no other application for laying out, widening, altering or discontinuing any such highway shall be acted upon within said term of one year.
80.23
80.23
Removal of fences from highway; notice. 80.23(1)(1) Whenever pursuant to this chapter any highway is laid out, widened or altered through enclosed, cultivated or improved lands and the determination has not been appealed from, the highway authorities shall give the owner or occupant of the lands written notice to remove the fences located on the highway within a time determined by the highway authorities to be reasonable, but not less than 30 days after giving the notice. If the owner or occupant does not remove the fences within the time required by the notice, the highway authorities shall remove the fences and direct the highway to be opened. If the determination has been appealed from, the notice shall be given after the final decision of the appeal.
80.23(2)
(2) This section does not authorize the opening of a highway through enclosed, cultivated or improved lands or the removal of fences between May 15 and September 15, except in cases of emergency to be determined by the highway authorities.
80.23 History
History: 1991 a. 316;
1999 a. 97.
80.24
80.24
Appeal from award of damages by owner. 80.24(1)(1) Except as provided in
sub. (2), an owner of lands through which a highway is laid out, widened, altered or discontinued who is not satisfied with the award of damages under
s. 80.09 may, within 30 days after the filing of the award, appeal to the circuit court of the county for a jury to assess the damages.
80.24(2)
(2) An owner of lands through which a highway is laid out, widened, altered or discontinued who has appealed under
s. 80.17 from the order laying out, widening, altering or discontinuing the highway and who is not satisfied with the award of damages under
s. 80.09 may, within 30 days after the entry of a final order on the appeal affirming the order, appeal to the circuit court of the county for a jury to assess the damages.
80.24(3)
(3) An appeal under this section shall be in writing, describing the premises.
80.24(4)
(4) An appeal under this section may be joined in by any number of persons claiming damages on account of the highway.
80.24(5)
(5) At least 6 days before making an appeal under this section, the appellant shall serve written notice on 2 of the supervisors of the town in which the highway is situated, or upon 2 or more of the supervisors or commissioners of the town, city or village responsible for paying the damages for the land. The notice shall state the name of the judge to whom the appeal will be made and the date, time and place at which the appeal will be heard.
80.24(6)
(6) If more than one appeal is taken from the award of damages on account of any highway, the appeals shall be consolidated by the circuit judge, and only one jury shall be selected to reassess the damages.
80.24 History
History: 1977 c. 449;
1995 a. 225; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997);
1999 a. 97.
80.25
80.25
Taxpayer may appeal; service of notice. 80.25(1)
(1) Any taxpayer of a municipality in which a highway is laid out, altered or discontinued or any part thereof is situated, and which is required to pay damages resulting from the laying out, alteration or discontinuation, may, within 30 days after the award or agreement determining the damages has been filed with the municipal clerk, appeal to the circuit court of the county for a jury to assess the damages sustained by the persons to whom damages were awarded or are to be paid.
80.25(2)
(2) The appeal under this section shall be in writing, describing the premises and naming the persons to whom damages are to be paid, and the amount awarded to each, and, unless appealing from all of the awards, shall specify the particular award from which the taxpayer appeals. The appellant shall serve written notice of the appeal upon 2 of the supervisors of the town or 2 of the commissioners of the city or village that is responsible for paying the damages and upon the persons whose awards are appealed from.
80.25(3)
(3) The notice under
sub. (2) shall be served at least 6 days before the appellant makes the application for the jury to assess damages. The notice shall state the name of the judge who will hear the application and the time and place of the hearing.
80.25 History
History: 1977 c. 449;
1999 a. 97.
80.26
80.26
Appeal bond. The appellant under
s. 80.24 or
80.25 shall execute to the proper town, city or village and file with the circuit court a bond with one or more sureties to be approved by the circuit court. In case the appeal is by a landowner, the bond shall be conditioned to pay all costs arising from the appeal if the jury does not award the appellant an increase of damages. In case of an appeal by a taxpayer under
s. 80.25, the bond shall be conditioned that the appellant shall pay all costs arising from the appeal if the amount of damages in the aggregate of the items appealed from is not diminished as a result of the appeal.
80.26 History
History: 1991 a. 316;
1999 a. 97.
80.26 Annotation
Substantial compliance with this section is not sufficient. Providing a signature bond rather than a surety bond was grounds for dismissal. Breuer v. Town of Addison,
194 Wis. 2d 617,
534 N.W.2d 634 (Ct. App. 1995).
80.27
80.27
Selection of jury; penalty for refusal to serve. 80.27(1)(1) Upon the filing of the bond required under
s. 80.26 and notice of the appeal with proof of service of the notice, the jury shall be selected and summoned in the following manner:
80.27(1)(a)
(a) The judge shall make out a list of 15 disinterested resident freeholders of the county, not of kin to the owner or occupant of the lands.
80.27(1)(b)
(b) Each party in turn shall strike 5 persons from the list, and if none of the proper supervisors or commissioners or other appellee is present, the judge shall strike 5 names for any missing party.
80.27(1)(c)
(c) The judge shall issue an order to the sheriff or a constable of the county to summon the 5 persons whose names were not stricken under
par. (b) to meet at a time and place specified in the order to appraise the damages, the award of which has been appealed from.
80.27(2)
(2) In case any juror fails to appear at the time and place fixed for the meeting under
sub. (1) (c), the judge shall summon another juror in the missing juror's place.
80.27(3)
(3) Any juror may be excused for good cause. Any juror who is summoned under
sub. (1) (c), is not excused and fails to serve shall forfeit not to exceed $10 and shall be liable to the party having the costs of the appeal to pay for additional costs resulting from the juror's failure to serve.
80.27 History
History: 1991 a. 316;
1999 a. 97.
80.28
80.28
Proceedings before jury; costs. 80.28(1)
(1) The jury selected under
s. 80.27 shall be sworn by the judge to justly and impartially appraise the damages, the award of which is appealed from. The jury shall view the highway, subject to the appealed order, and hear the statements and proofs of the parties. The jury may increase or decrease the amount awarded and shall sign and return the jury's appraisal to the judge.
80.28(2)(a)(a) In case of appeal by a landowner under
s. 80.24, the costs and expenses of the proceedings shall be paid by the proper town, city or village if the jury increases the amount awarded or by the appellant if the jury does not increase the amount awarded.
80.28(2)(b)
(b) In case of an appeal by a taxpayer, the costs and expenses of the proceedings shall be paid by the town, city or village if the jury decreases the amount awarded or by the appellant if the jury does not decrease the amount awarded.
80.28(2)(c)
(c) In case of cross-appeals if the damages involved are unchanged, each appellant shall pay 50% of the costs and expenses of the proceedings.
80.28(3)
(3) If the jury fails to agree and is discharged by the judge for that reason, the judge shall immediately select another jury under this section and
s. 80.27 (1) and further proceedings shall be had on the appeal under
s. 80.27 and this section in all respects as in the case of a first jury.
80.28(4)(a)(a) When the jury has returned its appraisal to the judge, the judge shall adjust the costs and expenses of the proceedings, and within 10 days thereafter return the appraisal to the town clerk, together with the following, which shall be filed by the clerk:
80.28(4)(a)2.
2. A statement of the proceedings had before the judge.
80.28(4)(a)3.
3. A detailed statement of the cost and expenses of the proceedings certified by the judge.
80.28(4)(b)
(b) If 2 towns or a town and a city or village are interested, the judge shall make and file a certified copy of the appraisal papers and statements with the clerk of each interested town, city or village.
80.28 History
History: 1991 a. 316;
1999 a. 97.
80.29
80.29
Appeal costs; jurors' fees. Each juror who serves under
s. 80.28 shall receive $3 for services and 10 cents a mile for actual and necessary travel in going to and returning from the place of meeting. Costs under this section are payable in advance by the party appealing and are a charge against the party finally liable for the costs of the proceeding.
80.29 History
History: 1991 a. 316;
1999 a. 97.
80.30
80.30
Highway damages; when payable, referendum to town meeting. 80.30(1)(1) All damages awarded against a town, city or village upon laying out, widening or altering any highway shall not be paid until the highway is opened by lawful order. No liability for such damages shall exist for any highway discontinued before being opened.
80.30(2)
(2) When the total amount of damages chargeable to one town, consequent upon one order laying out, widening or altering a highway, is more than one-tenth of one per cent on the taxable property of the town, as shown by the last assessment, and exceeds $2,000, the highway shall not be opened, widened or altered nor liability for damages exist, unless the order and the award of damages are approved, and the highway is accepted by a majority of the electors of the town voting thereon at the next annual town meeting or some special town meeting sooner called therefor.
80.30(3)
(3) All costs and fees and damages for which any town, city or village is liable under this chapter shall be audited and paid and may be sued for and collected as other debts against the town, city or village.
80.30(4)
(4) When any order is given pursuant to this section and there is no available money in the treasury to pay the order, the clerk of the municipality shall place the same on the next tax roll with interest thereon from the date of the order in the same manner as a tax to pay a judgment, and the same shall be in like manner collected and paid to the party entitled thereto.
80.30(5)
(5) When any damages are awarded, pursuant to an order laying out, widening or altering a highway, lying wholly within a town whose population is 8,000, or over, or wholly within a county having a population of 300,000, or over, the order or award need not be approved or the highway accepted by the electors.
80.31
80.31
Unclaimed awards; mortgage and lien interest. 80.31(1)(1) If the damages awarded to an owner of land are not claimed within one year after they become payable, the damages shall be paid by the town, city or village treasurer to the county treasurer who shall provide the town, city or village treasurer with a receipt.
80.31(2)
(2) The county treasurer shall report and deliver the unclaimed damage awards as provided under
ch. 177.
80.31(3)
(3) In case any lands taken by contract or condemnation for highway purposes shall be encumbered, and the owners of the fee and of the encumbrance shall not agree upon the division to be made between them of any damages to be paid on account of such taking, said damages may be paid to the clerk of the circuit court of the county, and when so paid may be apportioned among the parties entitled thereto by said court upon the application of any party interested upon not less than 5 days' written notice to the other party.
80.31 History
History: 1983 a. 408;
1995 a. 225.
80.32
80.32
Discontinuance of highways; reversion of title. 80.32(1)(1) Any unrecorded road or any part thereof which has become or is in the process of becoming a public highway by user in any town may be discontinued in the manner hereinbefore provided. Any proceedings taken therefor shall not be evidence of the acceptance at any time by the town of such road or any part thereof.
80.32(2)
(2) Except as provided in
sub. (5), every highway shall cease to be a public highway at the expiration of 4 years from the time it was laid out, except such parts thereof as shall have been opened, traveled or worked within such time, and any highway which shall have been entirely abandoned as a route of travel, and on which no highway funds have been expended for 5 years, shall be considered discontinued.
80.32(3)
(3) When any highway shall be discontinued the same shall belong to the owner or owners of the adjoining lands; if it shall be located between the lands of different owners it shall be annexed to the lots to which it originally belonged if that can be ascertained; if not it shall be equally divided between the owners of the lands on each side thereof.
80.32(4)(a)(a) Whenever any public highway or public ground has been vacated or discontinued, any easements and rights incidental thereto acquired by or belonging to any county, school district, town, village or city or to any utility or person and relating to any underground or overground structures, improvements or services and all rights of entrance, maintenance, construction and repair of the structures, improvements or services shall continue, unless one of the following applies:
80.32(4)(a)1.
1. The owner of the easements and incidental rights gives written consent to the discontinuance of the easements and rights as a part of the vacation or discontinuance proceedings and the vacation or discontinuance resolution, ordinance or order refers to the owner's written consent.
80.32(4)(a)2.
2. The owner of the easements and incidental rights fails to use the easements and rights for a period of 4 years from the time that the public highway or public ground was vacated or discontinued.
80.32(4)(b)
(b) The easements and incidental rights described in
par. (a) may be discontinued in vacation or discontinuance proceedings in any case where benefits or damages are to be assessed as provided in
par. (c), if one of the following applies:
80.32(4)(b)1.
1. The interested parties fail to reach an agreement permitting discontinuance of the easements and incidental rights.
80.32(4)(b)2.
2. The owner of the easements and incidental rights refuses to give written consent to their discontinuance.
80.32(4)(c)
(c) Damages for the discontinuance of the easements and rights described in
par. (a) shall be assessed against the land benefited in the proceedings for assessment of damages or benefits upon the vacation or discontinuance of the public highway or public ground. The amount of the damages shall be the present value of the property to be removed or abandoned, plus the cost of removal, less the salvage value of the removed or abandoned property, or any other amount that may be agreed upon between the interested parties. The owner of the easements and incidental rights, upon application to the treasurer and upon furnishing satisfactory proof shall be entitled to any payments of or upon the assessment of damages.
80.32(4)(d)
(d) Any person aggrieved by the assessment of damages under this subsection may appeal the assessment in the same time and manner as is provided for appeals from assessments of damages or benefits in vacation or discontinuance proceedings in the town, village or city.
80.32(5)
(5) Subsection (2) does not apply to state or county trunk highways or to any highway, street, alley or right-of-way that provides public access to a navigable lake or stream.
80.32 History
History: 1997 a. 172;
1999 a. 97.
80.33
80.33
Highway papers, where filed. All applications, orders, awards, bonds and other papers relating to the laying out, altering, widening or discontinuing of highways shall be promptly filed in the office of the town, city or village clerk, except as otherwise specifically provided in this chapter.
80.34
80.34
Highway orders; presumptions; limitation of actions.
