80.11(3)(b)1.b.
b. The highway or a part of the highway had its origin in user.
80.11(3)(b)1.c.
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.
80.11(3)(b)2.
2. An order made under this paragraph shall be filed as provided in
sub. (2) (c) and shall have the same effect as an order made in connection with the original laying out of the highway.
80.11(3)(c)
(c) Any written order or agreement made before August 27, 1947, by a majority of the supervisors of each town concerned, acting together, apportioning or reapportioning a town line highway has the same effect as though made on or after August 27, 1947.
80.11(4)(a)(a) 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:
80.11(4)(a)1.
1. The territory of either town is increased or diminished by a change of the boundaries of either town including a change caused by flowage.
80.11(4)(a)2.
2. A portion of the town line highway is taken over by the state or county under the state or county highway system.
80.11(4)(a)3.
3. A new town or village is formed out of a part of the territory of either or both of the towns, having a portion of the town line highway within its borders.
80.11(4)(a)4.
4. A portion of a town line highway is crossed and covered by flowage.
80.11(4)(b)1.1. 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 town that is party to the order shall, before the time for making the next tax roll, meet together 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).
80.11(4)(b)2.
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).
80.11(5)
(5) If no agreement is reached under
sub. (4) (b), or if an order laying out, altering or widening a town line highway has not apportioned the liability of the towns or village on account of the highway, the supervisors of an affected town or the president of an affected village, after 10 days' notice of the time and place of hearing served on the clerk of each town and village to be affected, may apply to the circuit judge of the county in which the affected town or village is located, for the appointment of 3 commissioners to apportion the liabilities of each affected town and village on account of the town line highway.
80.11(6)
(6) Upon application under
sub. (5), the circuit judge shall appoint 3 residents of the county as commissioners. The commissioners shall, on not less than 5 days' notice in writing to the clerk of each town and village affected, apportion the liabilities of each affected town and village on account of the highway. The commissioners shall make the determination in writing and shall file the determination with the clerk of each town and village affected. The commissioners' determination has the same effect as an order made under
sub. (2),
(3) or
(4).
80.11(7)
(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 2 towns, or between a town on one side and a village or a town and village on the other side, and that has not been assigned to either of the adjoining towns or village, shall be repaired and maintained by the adjoining towns and village. The cost of repairs and maintenance shall be paid by the adjoining towns and village in proportion to the valuation of the property in the adjoining towns and village as equalized by the county board or boards at the last equalization.
80.11(8)(a)(a) 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 the bridge is located, each contributing to the expenses thereof in proportion to the last assessment of taxable property therein.
80.11(8)(b)
(b) Any bridge over any stream or river forming the boundary between 2 counties erected or maintained solely by one of the adjoining municipalities may be closed or discontinued by the municipality maintaining the bridge if the other adjoining municipality fails to contribute towards the maintenance of the bridge in the following proportion:
80.11(8)(b)1.
1. In proportion to the amount of the cost of erecting the bridge borne by the adjoining municipality that does not maintain the bridge, if the bridge was erected at the joint expense of the 2 adjoining municipalities.
80.11(8)(b)2.
2. In the proportion of one-half the cost of maintenance, if the bridge was not erected at joint expense.
80.11 History
History: 1999 a. 97.
80.12
80.12
Highways on and across town and municipal boundaries. 80.12(1)(1) Whenever it is 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 of a highway extending from a town to a city or village, the proceedings therefor may be had under
s. 80.11. The application 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.
80.12(2)
(2) Upon receipt of an application under
sub. (1), the common council or board of trustees shall appoint 3 commissioners on the part of the affected city or village. The commissioners shall be duly sworn to faithfully discharge their duties as commissioners before entering upon those duties. The commissioners and town supervisors shall then give notice and proceed in all respects as provided in
s. 80.11.
80.12(3)
(3) The city or village shall be responsible for that part of the affected highway that, under
s. 80.11 (3 (a) shall be made and kept in repair by the city or village and for the share of damages assigned to the 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 the adjoining municipalities and the apportionment may be made as provided in
s. 80.11 (3) to
(6).
80.12(4)
(4) The town board and village board or city council may cause any highway or part of a highway subject to the provisions of this section, which is not less than 264 feet in length, to be graded, paved, macadamized or otherwise improved, including the establishment of the grade, construction of curbs and gutters and installation of water and sewer mains and service pipes. The town board and village board or city council may levy special assessments for the whole or any part of the cost of the improvements as a tax upon the property that they determine is especially benefited by the improvements, in the manner provided in
s. 66.0703.
80.12(5)
(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, village or town.
80.125
80.125
Highways and bridges on state boundaries. A town or county board of any town or county bounded in part by a river, or by a highway, either of which is also a state boundary line may enter into agreement with the adjoining municipality in such other state for the maintenance and construction of boundary line bridges and for the maintenance and reconstruction of any boundary line highway including its bridges, by appropriation therefor not exceeding 50% of the total costs assignable to the boundary line facility.
80.13
80.13
Land excluded from highway. 80.13(1)
(1) When any person presents the town board with an affidavit 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.
80.13(1m)
(1m) The affidavit required under
sub. (1) shall be executed by the owner or lessee of real estate located within the town, shall contain a description of the affected real estate and shall contain facts that satisfy the supervisors that any of the following circumstances exists:
80.13(1m)(a)
(a) The real estate described in the affidavit is shut out from all public highways by being surrounded on all sides by real estate owned by other persons, or by real estate owned by other persons and by water, 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.
80.13(1m)(b)1.1. The owner or lessee is the owner of a private way or road, whose width shall be stated in the affidavit, that leads from the described real estate to a public highway but the way or road is too narrow to afford the owner or lessee reasonable access from the described real estate to the public highway; and
80.13(1m)(b)2.
2. The owner or lessee is unable to purchase a right-of-way from the described real estate to a public highway, or is unable to purchase land on either or both sides of the owner's or lessee's way or road to make the way or road of sufficient width or that the right-of-way or additional land cannot be purchased except at an exorbitant price, which price shall be stated in the affidavit.
80.13(3)(a)(a) The town board shall meet at the time and place stated in the notice given under
sub. (1) and shall in their discretion lay out a highway of not less than 33 feet nor more than 49.5 feet in width from the public highway to the real estate described in the affidavit under
sub. (1m) (a) or
(b) either by laying out a new highway across the surrounding land or by adding enough land to the width of the existing way or road described in the affidavit under
sub. (1m) (b) to make it not less than 33 feet nor more than 49.5 feet in width.
80.13(3)(b)
(b) The town board shall assess the damages to the owner or owners of the real estate over or through which the 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.
80.13(4)
(4) Upon laying out a highway under
sub. (3), the town board shall make and sign an order describing the laid out highway and file the order with the town clerk together with its award of damages. The order shall be recorded by the clerk; provided, that the amount assessed as advantages to the applicant under
sub. (3) is paid to the town treasurer before the order laying out such highway shall be filed.
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 (1973).
80.13 Annotation
A town board of supervisors lost jurisdiction to hear an application under s. 80.13 (1) and was considered 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 (1976).
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 sub. (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).
80.13 Annotation
In the exercise of the discretion provided for under sub. (3), the town board may elect not to lay out a town road at all. Tagatz v. Township of Crystal Lake, 2001 WI App 80,
243 Wis. 2d 108,
626 N.W.2d 876.
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.
