66.0217(1)(d)
(d) "Owner" means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant is an owner to the extent of his or her interest.
66.0217(1)(e)
(e) "Petition" includes the original petition and any counterpart of the original petition.
66.0217(1)(f)
(f) "Real property" means land and the improvements to the land.
66.0217(1)(g)
(g) "Scale map" means a map that accurately reflects the legal description of the property to be annexed and the boundary of the annexing city or village, and that includes a graphic scale on the face of the map.
66.0217(2)
(2) Direct annexation by unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of
sub. (4). In an annexation under this subsection, subject to
sub. (6), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.
66.0217(3)
(3) Other methods of annexation. Subject to
s. 66.0307 (7), territory contiguous to a city or village may be annexed to the city or village in the following ways:
66.0217(3)(a)
(a)
Direct annexation by one-half approval. A petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:
66.0217(3)(a)1.
1. A number of qualified electors residing in the territory subject to the proposed annexation equal to at least the majority of votes cast for governor in the territory at the last gubernatorial election, and either of the following:
66.0217(3)(a)1.a.
a. The owners of one-half of the land in area within the territory.
66.0217(3)(a)1.b.
b. The owners of one-half of the real property in assessed value within the territory.
66.0217(3)(a)2.
2. If no electors reside in the territory subject to the proposed annexation, by either of the following:
66.0217(3)(a)2.a.
a. The owners of one-half of the land in area within the territory.
66.0217(3)(a)2.b.
b. The owners of one-half of the real property in assessed value within the territory.
66.0217(3)(b)
(b)
Annexation by referendum. A petition for a referendum on the question of annexation may be filed with the city or village clerk signed by a number of qualified electors residing in the territory equal to at least 20% of the votes cast for governor in the territory at the last gubernatorial election, and the owners of at least 50% of the real property either in area or assessed value. The petition shall conform to the requirements of
s. 8.40.
66.0217(4)(a)(a) An annexation under
sub. (3) shall be initiated by publishing in the territory proposed for annexation a class 1 notice, under
ch. 985, of intention to circulate an annexation petition. The notice shall contain:
66.0217(4)(a)1.
1. A statement of intention to circulate an annexation petition.
66.0217(4)(a)2.
2. A legal description of the territory proposed to be annexed and a copy of a scale map.
66.0217(4)(a)3.
3. The name of the city or village to which the annexation is proposed.
66.0217(4)(a)4.
4. The name of the town or towns from which the territory is proposed to be detached.
66.0217(4)(a)5.
5. The name and post-office address of the person causing the notice to be published who shall be an elector or owner in the area proposed to be annexed.
66.0217(4)(a)6.
6. A statement that a copy of the scale map may be inspected at the office of the town clerk for the territory proposed to be annexed and the office of the city or village clerk for the city or village to which the territory is proposed to be annexed.
66.0217(4)(b)
(b) The person who has the notice published shall serve a copy of the notice, within 5 days after its publication, upon the clerk of each municipality affected, upon the clerk of each school district affected and upon each owner of land in a town if that land will be in a city or village after the annexation. Service may be either by personal service or by certified mail with return receipt requested. If required under
sub. (6) (a), a copy of the notice shall be mailed to the department as provided in that paragraph.
66.0217(5)(a)(a) An annexation petition under this section shall state the purpose of the petition, contain a legal description of the territory proposed to be annexed and have attached a scale map. The petition shall also specify the population of the territory. In this paragraph, "population" means the population of the territory as shown by the last federal census, by any subsequent population estimate certified as acceptable by the department or by an actual count certified as acceptable by the department.
66.0217(5)(b)
(b) No person who has signed a petition may withdraw his or her name from the petition. No additional signatures may be added after a petition is filed.
66.0217(5)(c)
(c) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate. The annexation petition is void unless filed within 6 months of the date of publication of the notice.
66.0217(6)(a)(a)
Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under
sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under
s. 16.53 (14), within 5 days of the publication. The department shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in
par. (c). The annexing municipality shall review the advice before final action is taken.
66.0217(6)(c)
(c)
Definition of public interest. For purposes of this subsection "public interest" is determined by the department after consideration of the following:
66.0217(6)(c)1.
1. Whether the governmental services, including zoning, to be supplied to the territory could clearly be better supplied by the town or by some other village or city whose boundaries are contiguous to the territory proposed for annexation which files with the circuit court a certified copy of a resolution adopted by a two-thirds vote of the elected members of the governing body indicating a willingness to annex the territory upon receiving an otherwise valid petition for the annexation of the territory.
66.0217(6)(c)2.
2. The shape of the proposed annexation and the homogeneity of the territory with the annexing village or city and any other contiguous village or city.
66.0217(7)(a)1.1. Within 60 days after the filing of the petition under
sub. (3), the common council or village board may accept or reject the petition and if rejected no further action may be taken on the petition. Acceptance may consist of adoption of an annexation ordinance. Failure to reject the petition obligates the city or village to pay the cost of any referendum favorable to annexation.
66.0217(7)(a)2.
2. If the petition is not rejected the clerk of the city or village with whom the annexation petition is filed shall give written notice of the petition by personal service or registered mail with return receipt requested to the clerk of any town from which territory is proposed to be detached and shall give like notice to any person who files a written request with the clerk. The notice shall indicate whether the petition is for direct annexation or whether it requests a referendum on the question of annexation.
66.0217(7)(a)3.
3. If the notice indicates that the petition is for a referendum on the question of annexation, the clerk of the city or village shall file the notice as provided in
s. 8.37. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in
par. (c) of a referendum of the electors residing in the area proposed for annexation to be held not less than 42 days nor more than 72 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of
s. 8.40 requesting a referendum is filed with the town clerk as provided in
s. 8.37, signed by at least 20% of the electors residing in the area proposed to be annexed. If a petition requesting a referendum is filed, the clerk shall give notice as provided in
par. (c) of a referendum of the electors residing in the area proposed for annexation to be held not less than 42 days nor more than 72 days after the receipt of the petition and shall mail a copy of the notice to the clerk of the city or village to which the annexation is proposed. The referendum shall be held at a convenient place within the town to be specified in the notice.
66.0217(7)(b)
(b)
Clerk to act. If more than one town is involved, the city or village clerk shall determine as nearly as is practicable which town contains the most electors in the area proposed to be annexed and shall indicate in the notice required under
par. (a) that determination. The clerk of the town so designated shall perform the duties required under this subsection and the election shall be conducted in the town as are other elections.
66.0217(7)(c)
(c)
Publication of notice. The notice shall be published in a newspaper of general circulation in the area proposed to be annexed on the publication day next preceding the referendum election and one week prior to that publication.
66.0217(7)(d)
(d)
How conducted. The referendum shall be conducted by the town election officials but the town board may reduce the number of election officials for that election. The ballots shall contain the words "For annexation" and "Against annexation" and shall otherwise conform to the provisions of
s. 5.64 (2). The election shall be conducted as are other town elections in accordance with
chs. 6 and
7 to the extent applicable.
66.0217(7)(e)
(e)
Canvass; statement to be filed. The election inspectors shall make a statement of the holding of the election showing the whole number of votes cast, and the number cast for and against annexation, attach their affidavit to the statement and immediately file it in the office of the town clerk. They shall file a certified statement of the results in the office of the clerk of each other municipality affected.
66.0217(7)(f)
(f)
Costs. If the referendum is against annexation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be annexed, voting in the referendum, bears to the total number of electors in that territory, voting in the referendum.
66.0217(7)(g)
(g)
Effect. If the result of the referendum is against annexation, all previous proceedings are nullified. If the result of the referendum is for annexation, failure of any town official to perform literally any duty required by this section does not invalidate the annexation.
66.0217(8)(a)(a) An ordinance for the annexation of the territory described in the annexation petition under
sub. (3) may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to
sub. (6) the governing body shall first review the reasons given by the department that the proposed annexation is against the public interest. Subject to
s. 59.692 (7), an ordinance under this subsection may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in
s. 62.23 (7) (d). Before introduction of an ordinance containing a temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make a temporary classification is not effective when the county ordinance prevails during litigation as provided in
s. 59.69 (7).
66.0217(8)(b)
(b) The ordinance may annex the territory to an existing ward or may create an additional ward.
66.0217(8)(c)
(c) The annexation is effective upon enactment of the annexation ordinance. The board of school directors in a 1st class city is not required to administer the schools in any territory annexed to the city until July 1 following the annexation.
66.0217(9)(a)(a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under
ch. 79. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.
66.0217(9)(b)
(b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.
66.0217(9)(c)
(c) Any city or village may direct a survey of its present boundaries to be made, and when properly attested the survey and plat may be filed in the office of the register of deeds in the county in which the city or village is located. Upon filing, the survey and plat are prima facie evidence of the facts set forth in the survey and plat.
66.0217(10)
(10) Qualifications of electors and owners; elector determination. 66.0217(10)(a)(a) Under this section, qualifications as to electors and owners shall be determined as of the date of filing a petition, except that all qualified electors residing in the territory proposed for annexation on the day of a referendum election may vote in the election. Residence and ownership shall be bona fide and not acquired for the purpose of defeating or invalidating the annexation proceedings.
66.0217(10)(b)
(b) For purposes of this section, if a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with
s. 60.74 (6).
66.0217(11)(a)(a) An action on any grounds, whether procedural or jurisdictional, to contest the validity of an annexation shall be commenced within the time after adoption of the annexation ordinance provided by
s. 893.73 (2). During the action, the application of, and jurisdiction over, any county zoning in the area annexed is as provided under
s. 59.69 (7).
66.0217(11)(b)
(b) An action contesting an annexation shall be given preference in the circuit court.
66.0217(12)
(12) Validity of plats. If an annexation is declared invalid but before the declaration and subsequent to the annexation a plat is submitted and is approved as required in
s. 236.10 (1) (a), the plat is validly approved despite the invalidity of the annexation.
66.0217(13)
(13) Effective date of annexations. Because the creation of congressional, legislative, supervisory and aldermanic districts of equal population is a matter of statewide concern, any annexation action that affects a tract of land that is the subject of an ordinance enacted or resolution adopted by any city during the period from January 1, 1990, to April 1, 1991, or any later date, expressing an intent to not exercise the city's authority to annex territory before April 1, 1991, or the specified later date, taken by a municipality during the period beginning on April 1 of the year commencing after each federal decennial census of population and ending on June 30 of the year commencing after that census, is effective on July 1 of the year commencing after that census or at such later date as may be specified in the annexation ordinance. This subsection first applies to annexations effective after March 31, 1991.
66.0217 History
History: 1973 c. 37,
90,
143,
333;
1977 c. 29 ss.
698,
1654 (8) (c);
1977 c. 187 s.
134;
1977 c. 315,
447;
1979 c. 323;
1979 c. 361 s.
112;
1983 a. 29,
189,
219;
1985 a. 225;
1987 a. 391;
1989 a. 192;
1991 a. 5,
39,
269,
316;
1993 a. 16,
247,
301,
329,
491;
1995 a. 27 ss.
3308 to
3312,
9116 (5),
9145 (1);
1995 a. 201,
225;
1997 a. 27;
1999 a. 96;
1999 a. 150 ss.
44 to
47,
49 to
60,
63 to
65; Stats. 1999 s. 66.0217;
1999 a. 182 s.
197;
2001 a. 16,
30.
66.0217 Cross-reference
Cross-reference: See s.
62.071 for special provision for annexations to cities of the first class.
66.0217 Annotation
In ascertaining whether a petition for annexation under sub. (2) (a) has been signed by the "owners of one-half of the land" in the proposed area of attachment, acreage within the territory constituting public streets and alleys is not to be taken into account in determining the sufficiency of the petition, no matter how owned or by whom. International Paper Co. v. Fond du Lac,
50 Wis. 2d 529,
184 N.W.2d 834 (1971).
66.0217 Annotation
When an owner petitions for the annexation of a sizable block of land, it is not void simply because it divides the town into 2 parts. Town of Waukechon v. Shawano,
53 Wis. 2d 593,
193 N.W.2d 661 (1972).
66.0217 Annotation
When city limits did not extend the full width of a city-owned road, property on the other side is still contiguous. When the boundaries of the parcel to be annexed were drawn by the petitioning landowners, the city could not be charged with arbitrary action. Town of Lyons v. Lake Geneva,
56 Wis. 2d 331,
202 N.W.2d 228 (1972).
66.0217 Annotation
When property owners, in petitioning for annexation, divide a tract so as to control one parcel by property owners and the other by population, the 2 resulting annexations are valid. Town of Waukesha v. City of Waukesha,
58 Wis. 2d 525,
206 N.W.2d 585 (1973).
66.0217 Annotation
Abundant benefits to the state from the annexation under review, including the provision of police, fire, and solid waste disposal services and library and recreational facilities satisfied the need factor of the rule of reason. Absent unfair inducement or pressures upon the petitioners for annexation, a showing of benefits to the annexed land can be considered on the question of need. Town of Lafayette v. City of Chippewa Falls,
70 Wis. 2d 610,
235 N.W.2d 435 (1975).
66.0217 Annotation
An eligible elector and a qualified elector are identical. Ch. 6 applies to annexation referendum elector qualifications under sub. (6). Washington v. Altoona,
73 Wis. 2d 250,
243 N.W.2d 404 (1976).
66.0217 Annotation
Direct annexation, not otherwise in conflict with the "rule of reason," was not invalidated because the petitioners were motivated by the desire to obtain a change in zoning of their land. Town of Pleasant Prairie v. City of Kenosha,
75 Wis. 2d 322,
249 N.W.2d 581 (1977).
66.0217 Annotation
When an action challenging annexation was filed before the sub. (10) (a) limitation ran and the plaintiff town board had given no explicit authorization for commencement of an action, the subsequent attempt to ratify the commencement of the action was a nullity. Town of Nasewaupee v. City of Sturgeon Bay,
77 Wis. 2d 110,
251 N.W.2d 845 (1977).
66.0217 Annotation
The sub. (5) (d) ballot language requirement is directory; substantial compliance is adequate. Town of Nasewaupee v. Sturgeon Bay,
146 Wis. 2d 492,
431 N.W.2d 699 (Ct. App. 1988).
66.0217 Annotation
Under sub. (5) (g), annexation fails in cases of a tie vote. Town of Nasewaupee v. Sturgeon Bay,
146 Wis. 2d 492,
431 N.W.2d 699 (Ct. App. 1988).
66.0217 Annotation
Under s. 893.73 (2) "adoption" refers to the legislative body's action of voting to approve an annexation ordinance and the statute of limitations begins to run as of that date. Town of Sheboygan v. City of Sheboygan,
150 Wis. 2d 210,
441 N.W.2d 752 (Ct. App. 1989).
66.0217 Annotation
An annexation ordinance must meet "rule of reason" requirements. Application of the rule is discussed. Town of Menasha v. City of Menasha,
170 Wis. 2d 181,
488 N.W.2d 128 (Ct. App. 1992).
66.0217 Annotation
A city could not reach across a lake to annex noncontiguous property. Town of Delevan v. City of Delavan,
176 Wis. 2d 516,
500 N.W.2d 268 (1993).
66.0217 Annotation
The prohibition in sub. (4) of the withdrawal of names from a petition prevents the withdrawal of the entire petition. Town of De Pere v. City of De Pere,
184 Wis. 2d 278,
516 N.W.2d 1 (Ct. App. 1994).
66.0217 Annotation
A town contesting an annexation under sub. (10) is not required to file a notice of claim under s. 893.80 against the annexing municipality. Town of Burke v. City of Madison,
225 Wis. 2d 615,
593 N.W.2d 822 (Ct. App. 1999).
66.0217 Annotation
A petition under sub. (5) (a) must be circulated by a qualified elector residing within the territory to be annexed. City of Chippewa Falls v. Town Of Hallie,
231 Wis. 2d 85,
604 N.W.2d 300 (Ct. App. 1999).
66.0217 Annotation
There are 3 prongs to the rule of reason: 1) that no arbitrary exclusions or irregularities appear in boundary lines; 2) that a need exists for the property; and 3) that the municipality commits no other misuse of discretion in the process. When direct annexation is initiated by property owners, generally, the annexing municipality is not charged with arbitrary action in drawing boundaries and the courts must be responsive to the property owners desires. The need requirement serves the purpose of furthering the policy favoring orderly growth of urban areas by preventing irrational gobbling up of territory. Town of Sugar Creek v. City of Elkhorn,
231 Wis. 2d 473,
605 N.W.2d 274 (Ct. App. 1999).
66.0217 Annotation
Separation of lands by a river does not make them noncontiguous under this section. Town of Campbell v. City of La Crosse, 2001 WI App 201,
247 Wis. 2d 946,
634 N.W.2d 840.
66.0217 Annotation
The legislature can constitutionally provide for the annexation of territory without a referendum. 60 Atty. Gen. 294.
66.0217 Annotation
The rule of reason in Wisconsin annexations. Knowles, 1972 WLR 1125.
66.0219
66.0219
Annexation by referendum initiated by city or village. As a complete alternative to any other annexation procedure, and subject to
s. 66.0307 (7), unincorporated territory which contains electors and is contiguous to a city or village may be annexed to the city or village under this section. The definitions in
s. 66.0217 (1) apply to this section.
66.0219(1)(a)(a) The governing body of the city or village to which it is proposed to annex territory shall, by resolution adopted by two-thirds of the members-elect, declare its intention to apply to the circuit court for an order for an annexation referendum, and shall publish the resolution in a newspaper having general circulation in the area proposed to be annexed, as a class 1 notice, under
ch. 985. The governing body shall prepare a scale map of the territory to be annexed, showing it in relation to the annexing city or village. The resolution shall contain a description of the territory to be affected, sufficiently accurate to determine its location, the name of the municipalities directly affected and the name and post-office address of the municipal official responsible for the publication of the resolution. A copy of the resolution together with the scale map shall be served upon the clerk of the town or towns from which the territory is to be detached within 5 days of the date of publication of the resolution. Service may be either by personal service or by registered mail and if by registered mail an affidavit shall be on file with the annexing body indicating the date on which the resolution was mailed. The annexation is considered commenced upon publication of the resolution.
66.0219(1)(b)
(b) Application to the circuit court shall be by petition subscribed by the officers designated by the governing body, and shall have attached the scale map, a certified copy of the resolution of the governing body and an affidavit of the publication and filing required under
par. (a). The petition shall be filed in the circuit court not less than 30 days but no more than 45 days after the publication of the notice of intention.
66.0219(2)
(2) Protest to court by electors; hearing. 66.0219(2)(a)(a) If, prior to the date set for hearing upon an application filed under
sub. (1) (b), there is filed with the court a petition signed by a number of qualified electors residing in the territory equal to at least a majority of the votes cast for governor in the territory at the last gubernatorial election or the owners of more than one-half of the real property in assessed value in the territory, protesting against the annexation of the territory, the court shall deny the application for an annexation referendum. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with
s. 60.74 (6).
66.0219(2)(b)
(b) If a petition protesting the annexation is found insufficient the court shall proceed to hear all parties interested for or against the application. The court may adjourn the hearing from time to time, direct a survey to be made and refer any question for examination and report. A town whose territory is involved in the proposed annexation shall, upon application, be a party and is entitled to be heard on any relevant matter.
66.0219(3)
(3) Dismissal. If for any reason the proceedings are dismissed, the court may order entry of judgment against the city or village for disbursements or any part of disbursements incurred by the parties opposing the annexation.
