66.1025(2)(a)(a) If the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, the resolution or ordinance described under
sub. (1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.
66.1025(2)(b)
(b) Any action under this subsection shall be brought in a court of record in the manner provided in
ch. 801. A lis pendens shall be filed or recorded as provided in
s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in
s. 801.12.
66.1025(2)(c)
(c) The court may render judgment in an action under this subsection relieving the county, city, town or village of the condition of the gift or dedication.
66.1025 History
History: 1973 c. 189 s.
20; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1991 a. 316;
1997 a. 304;
1999 a. 150 s.
323; Stats. 1999 s. 66.1025.
66.1027
66.1027
Traditional neighborhood developments and conservation subdivisions. 66.1027(1)(a)
(a) "Conservation subdivision" means a housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of land are maintained to the greatest extent possible.
66.1027(1)(c)
(c) "Traditional neighborhood development" means a compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
66.1027(2)(a)(a) Not later than January 1, 2001, the extension, in consultation with any other University of Wisconsin System institution or with a landscape architect, as that term is used in
s. 443.02 (2), or with independent planners or any other consultant with expertise in traditional neighborhood planning and development, shall develop a model ordinance for a traditional neighborhood development and an ordinance for a conservation subdivision.
66.1027(2)(b)
(b) The model ordinances developed under
par. (a) shall be presented to the chief clerk of each house of the legislature, and shall be referred immediately by the speaker of the assembly and the presiding officer of the senate to the appropriate standing committee in each house. The model ordinances shall be considered to have been approved by a standing committee if within 14 working days of the referral, the committee does not schedule a meeting for the purpose of reviewing the model ordinance. If the committee schedules a meeting for the purpose of reviewing the model ordinance, the ordinance may not be considered to have been approved unless the committee approves the model ordinance.
66.1027(3)(a)(a) Not later than January 1, 2002, every city and village with a population of at least 12,500 shall, and every city and village with a population of less than 12,500 is encouraged to, enact an ordinance that is similar to the model traditional neighborhood development ordinance that is developed under
sub. (2) (a) if the ordinance is approved under
sub. (2) (b), although the ordinance is not required to be mapped.
66.1027(3)(b)
(b) A city or village whose population reaches at least 12,500, after January 1, 2002, shall enact an ordinance that is similar to the model traditional neighborhood development ordinance that is developed under
sub. (2) (a) if the ordinance is approved under
sub. (2) (b) not later than the first day of the 12th month beginning after the city's or village's population reaches at least 12,500, although the ordinance is not required to be mapped.
66.1027(3)(c)
(c) Not later than January 1, 2011, every city and village with a population of at least 12,500 shall report to the department of administration whether it has enacted an ordinance under
par. (a). A city or village whose population reaches at least 12,500, after January 1, 2011, shall report to the department of administration whether it has enacted an ordinance under
par. (b) not later than the first day of the 18th month beginning after the city's or village's population reaches at least 12,500.
66.1027 History
History: 1999 a. 9,
148;
1999 a. 150 s.
85; Stats. 1999 s. 66.1027;
2009 a. 123,
351.
66.1031
66.1031
Widening of highways; establishment of excess widths. 66.1031(1)(1) With the approval of the governing body of a city, village, or town in which a street or highway or part of a street or highway is located, the county board, to promote the general welfare, may establish street and highway widths in excess of the widths in use and adopt plans showing the location and width proposed for any future street or highway, which shall not be subject to
s. 82.19 (2). Streets or highways or plans for streets or highways established or adopted under this section shall be shown on a map showing present and proposed street or highway lines and, except in counties having a population of 500,000 or more, property lines and owners. The map shall be recorded in the office of the register of deeds, subject to
s. 59.43 (2m) and, if applicable, the requirements under
s. 84.095. Notice of the recording shall be published as a class 1 notice, under
ch. 985, in any city, village, or town in which the affected streets or highways are located. The notice shall briefly set forth the action of the county board.
66.1031(2)
(2) The excess width for streets or highways in use for the right-of-way required for those planned may be acquired at any time either in whole or in part by the state, county, city, village, or town in which located; but no part shall be acquired in less than the full extent, in width, of the excess width to be made up of land on the same side of the street or highway, nor for less than the full length of such excess width lying within contiguous land owned by the same owner. Any land so acquired, whether the excess width is acquired for the full length of the street or highway or not, shall at once become available for highway purposes. The power to acquire such right-of-way or additional width in portions as provided in this section may be exercised to acquire the land on advantageous terms.
66.1031(3)
(3) In counties containing a population of 500,000 or more if, subsequent to the establishment of widths on streets or highways under
sub. (2), in conformity with this section or
s. 59.69, any area embracing a street or highway upon which a width has been established under this section is annexed to a city or village or becomes a city or village by incorporation, the city or village shall adhere to the established width, and shall not, subsequent to any annexation or incorporation, except with the approval of the county board, do any of the following:
66.1031(3)(b)
(b) Permit or sanction any construction or development that will interfere with, prevent, or jeopardize the obtaining of the necessary right-of-way to such established width.
66.1031 History
History: 1993 a. 301;
1995 a. 201,
225;
1997 a. 35;
2003 a. 214 s.
103; Stats. 2003 s. 66.1031;
2005 a. 253.
66.1031 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1033
66.1033
Curative provisions. 66.1033(1)(a)
(a) "Political subdivision" means a city, village, town, or county.
66.1033(1)(b)
(b) "Public way" means a highway, street, slip, pier, or alley.
66.1033(2)
(2) For proceedings taken, or for plats, deeds, orders, or resolutions executed before January 1, 2005, notwithstanding
s. 840.11, no defect, omission or informality in the proceedings of, or execution of a plat, deed of dedication, order, or resolution by, a political subdivision shall affect or invalidate the proceedings, plat, deed, order, or resolution after 5 years from the date of the proceeding, plat, deed, order, or resolution. The public way dedicated, laid out, or altered by a defective or informal proceeding, plat, deed, order, or resolution shall be limited in length to the portion actually worked and used.
66.1033(3)
(3) For proceedings taken, or for plats, deeds, orders, or resolutions executed after January 1, 2005, except as provided in
s. 840.11, no defect, omission, or informality in the proceedings of, or execution of a plat, deed of dedication, order, or resolution by, a political subdivision shall affect or invalidate the proceedings, plat, deed, order, or resolution after 5 years from the date of the proceedings, plat, deed, order, or resolution. The public way dedicated, laid out, or altered by a defective or informal proceeding, plat, deed, order, or resolution shall be limited in length to the portion actually worked and used.
66.1033 History
History: 2003 a. 214 ss.
16,
25,
26.
66.1033 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1035
66.1035
Rights of abutting owners. The owners of land abutting on any highway, street, or alley shall have a common right in the free and unobstructed use of the full width of the highway, street, or alley. No town, village, city, county, company, or corporation shall close up, use, or obstruct any part of the highway, street, or alley so as to materially interfere with its usefulness as a highway or so as to damage abutting property, or permit the same to be done, without just compensation being made for any resulting damage. This section does not impose liability for damages arising from the use, maintenance, and operation of tracks or other public improvement legally laid down, built, or established in any street, highway, or alley prior to April 7, 1889. All rights in property that could entitle an owner to damages under this section may be condemned by any corporation that is listed in
s. 32.02 in the same manner that other property may be condemned by the corporation.
66.1035 History
History: 2003 a. 214 s.
101; Stats. 2003 s. 66.1035.
66.1035 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1035 Annotation
This section does not authorize the recovery of damages for a loss of business due to the temporary closing of a street for construction purposes. Weinandt v. Appleton,
58 Wis. 2d 734,
207 N.W.2d 673 (1973).
66.1035 Annotation
Landowners whose property abuts a public roadway, but who have no ownership interest in the land under the roadway, are abutting landowners for purposes of access rights. The right attributed to an abutting landowner is the right of reasonable access. Geyso v. Daly, 2005 WI App 18,
278 Wis. 2d 475,
691 N.W.2d 915,
04-0748 66.1037
66.1037
Beautification and protection. 66.1037(1)
(1) No lands abutting on any highway, and acquired or held for highway purposes, shall be deemed discontinued for such purposes so long as they abut on any highway. All lands acquired for highway purposes after June 23, 1931, may be used for any purpose that the public authority in control of the highway determines promotes the public use and enjoyment. The authority may improve such lands by suitable planting, to prevent the erosion of the soil, or to beautify the highway. The right to protect and to plant vegetation in any highway laid out prior to June 23, 1931, may be acquired in any manner that lands may be acquired for highway purposes. Subject to
sub. (2), it shall be unlawful for any person to injure any tree or shrub, or cut or trim any vegetation other than grass, or make any excavation in any highway laid out after June 23, 1931, or where the right to protect vegetation has been acquired, without the consent of the highway authority and under its direction. The authority shall remove, cut, or trim or consent to the removing, cutting, or trimming of any tree, shrub, or vegetation in order to provide safety to users of the highway.
66.1037(2)(a)(a) Except as provided in
par. (b), no person may cut or trim grass along any state trunk highway without the consent of the department of transportation.
66.1037(2)(b)
(b) A person who owns or leases land abutting a state trunk highway may, without the consent of the department of transportation, cut or trim grass that is within the highway right-of-way and that is located along the land's frontage with the highway right-of-way or within 200 feet of a driveway, railroad crossing, or intersection along the land's frontage with the highway right-of-way. This paragraph does not permit a person to cut or trim grass without the consent of the department of transportation if any of the following applies:
66.1037(2)(b)3.b.
b. An area accessible only by crossing a traffic lane of the state trunk highway.
66.1037 History
History: 2003 a. 214 ss.
23m to
24g.
66.1037 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1037 Annotation
Municipalities may incur liability for failure to trim vegetation obstructing the view at an intersection. Walker v. Bignell,
100 Wis. 2d 256,
301 N.W.2d 447 (1981).
66.1037 Annotation
Although this section mandates that governmental authorities "remove, cut or trim or consent to the removing, cutting or removal of any tree, shrub or vegetation in order to provide safety to users of the highway," it has not also created a private cause of action for damages caused by a failure to comply with that mandate. Estate of Wagoner v. City of Milwaukee, 2001 WI App 292,
249 Wis. 2d 306,
638 N.W.2d 382,
01-0623.
66.1039
66.1039
Transit authorities. 66.1039(1)(a)
(a) "Authority" means a transit authority created under this section.
66.1039(1)(b)
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.
66.1039(1)(d)
(d) "Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.
66.1039(1)(e)
(e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in
23 USC 134 (b) (1), that includes the city of Madison.
66.1039(1)(f)
(f) "Municipality" means any city, village, or town.
66.1039(1)(g)
(g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.
66.1039(1)(h)
(h) "Political subdivision" means a municipality or county.
66.1039(1)(i)
(i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under
s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.
66.1039(2)(b)1.1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(b)2.
2. If Dane County adopts a resolution under
subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area on January 1, 2003, shall be a member of the authority.
66.1039(2)(b)3.
3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area on January 1, 2003, may join the authority created under
subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.
66.1039(2)(b)4.
4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under
subd. 3.
66.1039(2)(b)5.
5. For purposes of determining a municipality's territorial boundaries and the geographic area formed by the Madison metropolitan planning area, annexed territory that was subject to an unresolved challenge on January 1, 2003, shall not be considered part of the annexing municipality or the Madison metropolitan planning area.
66.1039(2)(b)6.
6. If a municipality joins the authority after the authority is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining and the joining shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives the certified copy of the resolution. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under
sub. (4) (s) 2.
66.1039(2)(c)1.1. The Chippewa Valley regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Eau Claire County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(c)2.
2. If an authority is created under
subd. 1., any municipality located in whole or in part within Eau Claire County shall be a member of the authority.
66.1039(2)(c)3.
3. After an authority is created under
subd. 1., Chippewa County may join the authority created under
subd. 1. if the governing body of Chippewa County adopts a resolution to join the authority.
66.1039(2)(c)4.
4. If Chippewa County joins an authority as provided in
subd. 3., any municipality located in whole or in part within Chippewa County shall be a member of the authority.
66.1039(2)(c)5.
5. The jurisdictional area of the authority created under this subsection is the territorial boundaries of Eau Claire County or, if Chippewa County also joins the authority as provided in
subd. 3., the combined territorial boundaries of Eau Claire County and Chippewa County.
66.1039(2)(e)1.1. The Chequamegon Bay regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing bodies of the counties of Ashland and Bayfield each adopt a resolution authorizing that county to become a member of the authority. Except as provided in
subd. 2., once created, this authority shall consist of the counties of Ashland and Bayfield and any municipality located in whole or in part within these counties. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(e)2.
2. After an authority is created under
subd. 1., any county other than Ashland County or Bayfield County may join this authority if the governing body of the county adopts a resolution authorizing the county to become a member of the authority, and the board of directors of the authority approves the county's joinder. If a county becomes a member of an authority under this subdivision, any municipality located in whole or in part within the county shall also be a member of the authority.
66.1039(2)(e)3.
3. The jurisdictional area of the authority created under this subsection is the combined territorial boundaries of the counties of Ashland and Bayfield and any county that joins the authority under
subd. 2.
66.1039(2)(e)4.
4. If a county joins the authority under
subd. 2. after it is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining and a certified copy of the authority's board of directors approval. The county's joining of the authority shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives this information. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under
sub. (4) (s) 2.
66.1039(3)(a)(a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms, except that directors appointed under
par. (c) 5. shall serve 2-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.
