Personally came before me this ____ day of ________, 20__, the above-named ________ ________, known to me to be the person who executed the foregoing instrument, and acknowledged the same.
[Signature of town chairperson]
or
[Signature of notary public]
Notary Public, State of Wisconsin
My commission _________.
This instrument drafted by: _________________
Whose address is: ________________________
Note:
Section 82.10 (5), Wis. stats., provides: In the case of a resolution under sub. (2), the board shall file a lis pendens within 10 days of the introduction of the resolution.
TOWN OF ____________ LIS PENDENS
s. 840.11 WIS. STATS.
COUNTY OF ________
STATE OF WISCONSIN
IN THE MATTER OF A HIGHWAY IN
THE TOWN OF ________, ________ COUNTY
BE IT NOTED THAT:
In the matter of a current action to [lay out or alter or discontinue] a highway in the Town of ________, ________County, on ________ ___, 20__, the undersigned freeholders of the Town of ________ did execute and file with the town clerk of the town an application to the town board to have a highway [laid out or altered
or discontinued]. This described action may affect certain unplatted parcels in the Town of ________, ________ County, described as follows:
[The described highway is now located or The proposed highway action will occur] on land described as follows: [insert the legal description of the highway to be discontinued or of the proposed highway to be laid out or altered].
A map is attached as “Exhibit A” to describe [the highway location or where the proposed highway action will occur].
This lis pendens in the Register of Deeds Office, ________ County, Wisconsin, for the purpose of notice of all titleholders and prospective titleholders that a highway may be [laid out or altered or discontinued] affecting the above unplatted parcels in the Town of ________, ________ County, Wisconsin. Upon the adoption of a final highway order affecting the above-described land in the Town of ________, ________ County, by the Town Board of the Town of ________ approving or disapproving the application for the [laying out or alteration or discontinuation] of the highway, a certified copy of the final highway order, with a full and accurate description of the subject highway property, shall be recorded by the town clerk in the Office of Register of Deeds, ________ County.
Dated this ______ day of ________, 20__.
[Signatures of freeholders executing highway application]
STATE OF WISCONSIN
________ COUNTY
Personally came before me this ____ day of ________, 20__, the above-named ________ ________ [list all], known to me to be the persons who executed the foregoing instrument, and acknowledged the same.
[Signature of notary public]
Notary Public, State of Wisconsin
My commission _________.
This instrument drafted by: _________________
Whose address is: ______________________
Note:
Section 82.10 (5), Wis. stats., provides: In the case of an application under sub. (1), the applicant shall file a lis pendens under
s. 840.11, Wis. stats.
Affidavit
STATE OF WISCONSIN,
________ County.
________ ________, being first duly sworn, states on oath:
A. That on ________ ___, 20__, the affiant served the annexed notice upon the following by mailing to each of them by registered or certified mail a copy of the annexed notice:
1. ________ ________, the occupant[s] of [describe the lands occupied], being lands through which the highway described in the notice may pass.
2. ________ ________, the occupant[s] of [describe the lands occupied], being lands abutting the highway described in the notice may pass.
3. The Department of Natural Resources.
4. The county land conservation committee for ________ County.
5. The Secretary of Transportation [if the highway that is the subject of the application or resolution is located within one-quarter mile of a state trunk highway or connecting highway].
B. That the affiant caused the annexed notice to be published as a class 3 notice under
s. 985.07, Wis. stats., in the following newspaper on the stated dates: [name newspaper and state dates of publication of notice].
[Signature of affiant]
Subscribed and sworn to before me, this ____ of ________, 20__.
[Signature and title of officer]
Notes:
Section 985.07 (3) (a), Wis. stats., provides: All notices designated as class 3 notices require 3 insertions.
Section 985.01 (1m), Wis. stats., provides: “Insertion,” when used to indicate the publication of a legal notice more than one time, means once each week for consecutive weeks, the last of which shall be at least one week before the act or event, unless otherwise specified by law.
Section 82.12 (1), Wis. stats., requires the town board to make a determination upon any application or resolution to lay out, alter, or discontinue any highway within 90 days after receipt of the application or introduction of a resolution.
STATE OF WISCONSIN
Town of ________
________ County
Upon [the application of 6 or more resident freeholders residing in the Town of ________, ________ County, Wisconsin, or a resolution adopted by the Town Board of the Town of ________, ________ County, Wisconsin,] for [laying out or altering or discontinuing] a highway, as set forth in the [application
or resolution], the undersigned, supervisors of the town, met on ________ ___, 20__, at ____ o'clock __.m., at ________ [state place of meeting as in notice], being the time and place stated in the notice that was prepared in accordance with
s. 82.10 (3), Wis. stats., and served and posted as required by
s. 82.10 (4), Wis. stats., as demonstrated by affidavits that the notices required in
s. 82.10 (4), Wis. stats., had been properly given and published, and a lis pendens having been filed in the office of the Register of Deeds for ________ County, Wisconsin, as required by
s. 82.10 (5), Wis. stats., we examined the highway, and heard all reasons that were offered for and against the [application or resolution].
It being our opinion that the public good will be promoted, the Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders that a highway in the town be [laid out or altered or discontinued] as follows: [here incorporate a description of the road and the specifics of the action to be taken]. The line described is the center of the highway, whose width is ________. [If applicable, state: A survey is determined to be unnecessary.]
The town chair and town clerk shall immediately execute an original recordable Highway Order in the name of the Town [laying out or altering or discontinuing] the above-described highway. The clerk shall submit the original executed order for recording in the office of the Register of Deeds for ________ County, Wisconsin, and shall submit a certified copy of this order to the county highway commissioner.
[If the Town has an official town map, insert: The provisions of this resolution and order shall be incorporated into the official town map.]
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
A recordable Highway Order form is included as Appendix I. The document is available on the internet at:
The internet form should be printed directly from the internet and not pasted into a word processing document.
Whereas, upon [application made or resolution of the town board adopted], the supervisors of the Town of ________, ________ County, Wisconsin, have decided to [lay out or alter or discontinue] a highway [describe highway accurately, as in the order], which highway as [laid out
or altered or discontinued] passes through the following described lands owned by ________ ________, a party hereto: [describe land];
It is agreed by the supervisors of the Town of ________, ________ County, Wisconsin, and ________ ________ [landowner], that that the town shall pay the sum of $________ to ________ ________ [landowner] as compensation for damages sustained by ________ ________ [landowner], by reason of the [laying out or altering or discontinuing] of the highway, which sum ________ ________ [landowner] agrees to accept as full compensation for such damages.
In consideration of the sum of $________, receipt of which is acknowledged, ________ ________ [landowner] releases the Town of ________, ________ County, Wisconsin, from all claims for damages sustained or to be sustained by ________ ________ [landowner] by reason of the [laying out or altering or discontinuing] of the above-described highway through the above-described lands.
Dated this ______ day of ________, 20__.
[Signature of owner]
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
A highway having been [laid out or altered] through lands [owned or occupied] by you, described as follows: [describe lands] by an order made, and dated on ________ ___, 20__, which highway is described in the order as follows [insert the description as in the order];
You are hereby required to remove your fences from within the bounds of the highway by ________ ___, 20__ [must be a reasonable time, not less than 30 days after service of notice]. If the fence is not removed by that date, the [town board or highway superintendent] will remove the fence and the costs of removal may be charged to you as provided by section 66.027, Wisconsin Statutes.
Dated this ____ of ________, 20__.
[Signatures of town board or highway superintendent]
Attest: [Signature of town clerk]
Choose one:
Upon the application of 6 or more resident freeholders residing in the Town of ________, ________ County, Wisconsin, and the application of 6 or more resident freeholders residing in the [Town or Village or City] of ________, ________ County, Wisconsin,
or
Upon a resolution adopted by the Town Board of the Town of ________, ________ County, Wisconsin, and a resolution adopted by the [Town Board of the Town of ________, or Board of Trustees of the Village of ________, or Common Council of the City of ________,] ________County, Wisconsin,
or
Upon a resolution adopted by the [Town Board of the Town of ________,
or Board of Trustees of the Village of ________, or Common Council of the City of ________,] ________ County, Wisconsin, and the application of 6 or more resident freeholders residing in the [Town or Village or City] of ________, ________ County, Wisconsin,
continue
for [laying out or altering or discontinuing] a highway, as set forth in the [application or resolution(s)], the undersigned, being the duly authorized officers of the municipalities, met on ________ ___, 20__, at ____ o'clock __.m., at ________ [state place of meeting as in notice], being the time and place stated in the notice that was prepared in accordance with
s. 82.10 (3), Wis. stats., and that was served and posted as required by
s. 82.10 (4), Wis. stats., as demonstrated by properly filed affidavits that the notices required in
s. 82.10 (4), Wis. stats., had been properly given and published, and a lis pendens having been filed in the office of the Register of Deeds for ________ County, Wisconsin, as required by
s. 82.10 (5), Wis. stats., we examined the highway, and heard all reasons that were offered for and against the [application or resolution].
It being our opinion that the public good will be promoted, the Town Board of the Town of ________, ________ County, Wisconsin, and [the town board or commissioners appointed under
s. 82.21 (3), Wis. stats., or trustees or alderpersons] of the [Town or Village or City] of ________, ________ County, Wisconsin, order that a highway is [laid out or altered or discontinued] in the town of ________ and the [Town or Village
or City] of ________, as follows: [here incorporate a description of the road and the specifics of the action to be taken]. The line described is the center of the highway, whose width is ________. [If applicable, state: A survey is determined to be unnecessary.]
It is further determined and ordered that the following described part of the highway, to wit: [describe the part] shall be made and kept in repair by the Town of ________, and the remaining portion of the highway by the [Town or Village or City] of ________; and that the damages [awarded to or agreed upon with] the owners of the following described lands [describe lands], shall be paid by the Town of ________, and the damages [awarded to or agreed upon with] the owners of the following described land [describe lands], shall be paid by the [Town or Village or City] of ________.
[If the municipalities have an official map, insert: The provisions of this order shall be incorporated into the official map of each municipality. If only one has a map, alter accordingly.]
The clerk of the [Town or Village or City] of ________ shall immediately cause the original order to be recorded in the office of the Register of Deeds for ________ County, Wisconsin, and shall submit a certified copy of this order to the county highway commissioner. [If the highway is located in more than one county, the order must be adapted to provide for recording and submission in each county either by the same clerk or divided between the clerks as is appropriate.]
Dated this ____ of ________, 20__.
