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__.
[Signatures of the acting officers of both municipalities]
Note: Highways on or across municipal lines may be laid out, altered, or discontinued under
s. 82.21, Wis. stats. Proceedings must be initiated in each municipality, may be initiated by resolution of the municipal governing body or by application of residents of the municipality, and the method of initiation may be different in each municipality. Pursuant to
s. 82.21 (2) governing bodies of the municipalities, shall act together in cooperation, but vote upon applications or resolutions as separate governing bodies. General proceedings are in accordance with
ss. 82.10
and
82.11, Wis. stats., are applicable to such proceedings, and the forms for those provisions may be adapted to incorporate the specific requirements of
s. 82.21, Wis. stats.
________ ________, being the owner of real estate within the Town of ________, ________ County, Wisconsin, described in the affidavit below applies to the town board of the town to have a highway laid out to that property, which is landlocked, in accordance with
s. 82.27, Wis. stats.
Affidavit
STATE OF WISCONSIN,
________ County.
________ ________, being first duly sworn, states as follows:
1. The affiant is the owner of real estate within the Town of ________, ________ County, Wisconsin, described as follows: [insert legal description].
2. The above-described real estate is shut out from all public highways by being surrounded on all sides by real estate belonging to other persons [if applicable and water]. The owners of the surrounding real estate are as follows: [name surrounding owners].
3. [I am unable to purchase from any of the above-named owners a right-of-way over their property to a public highway to make a road of sufficient width or I am unable to purchase land on either or both sides of my existing right-of-way, which is ____ feet in width, to make a road of sufficient width to afford reasonable access from the described real estate to the public highway or I am able to purchase from ________ ________ a right-of-way to a public highway, at a price of $________, which is an exorbitant price].
[Signature of affiant]
Subscribed and sworn to before me this ____ of ________, 20__.
[Signature and title of officer]
Whereas, ________ ________ has presented to the undersigned Town Board of the Town of ________, ________ County, Wisconsin, an application to us to lay out a public highway to enclosed real estate in accordance with
s. 82.27, Wis. stats., and an affidavit stating:
1. That [he or she] is the owner of real estate within the town, described as follows: [describing it], and that the described real estate is shut out from all public highways by being surrounded on all sides by real estate belonging to other persons, namely: [names as in affidavit] [if applicable and water].
2. That ________ ________ [is unable to purchase from any of the above-named owners the right-of-way over or through their property to a public highway to make road of sufficient width or is unable to purchase land on either or both sides of [his or her] existing right-of-way to make a road of sufficient width to afford reasonable access from the described real estate to the public highway or is able to purchase from ________ ________ a right-of-way to a public highway, at a price of $________, which is an exorbitant price].
Notice is hereby given that the board of the Town of ________ will meet and conduct a hearing on the application at ________ on ________ ___, 20__, at ____ o'clock __.m., and will examine the premises and hear and consider all proofs and reasons that may be offered for or against the application. If it is determined by the town board that the public good requires that the highway should be laid out, the town board will lay out the highway.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Note: Notice must be served pursuant to
s. 82.10, Wis. stats., and published as a class 2 notice under
chapter 985, Wis. stats.
The hearing shall be held after 10 days and within 30 days of receipt of the application by the town board.
STATE OF WISCONSIN
Town of ________
________ County
Being satisfied by the affidavit of ________ ________, presented to us:
1. That ________ ________ is the owner of real estate within the Town of ________, ________ County, Wisconsin, described as follows: [describing it]; and
2. That the above-described real estate is shut out from all public highways by being surrounded on all sides by real estate belonging to other persons, namely: [names as in affidavit], [if applicable and water]; and
3. That ________ ________ [is unable to purchase from any of the owners the right-of-way over or through their property to a public highway to make a way or road of sufficient width or is unable to purchase land on either or both sides of [his or her] existing way or road to make the way or road of sufficient width to afford reasonable access from the described real estate to the public highway or is able to purchase from ________ ________ a right of way to a public highway, at a price of $________, which is an exorbitant price];
We, the Town Board of the Town of ________, ________ County, Wisconsin, on ________ ___ 20__, made and signed a notice that we would meet at ________, on ________ ___, 20__, at ____ o'clock __.m., to hear the matter, and at the time and place fixed by the notice therefor met; and having been satisfied by affidavits that the notice had been served and published as required by statute, and having examined the premises, and heard and considered all proofs and reasons offered for and against the application, and it being our opinion that the public good requires that the highway should be laid out, it is ordered:
1. That a public highway, ____ feet wide, is laid out as follows: [incorporate a description]. The line described is the center of the highway.
2. That damages in the sum of $ ________ are awarded to ________ ________, owner of [describe land]. [Continue in like manner.]
3. That advantages in the sum of $________ are assessed against _____ _____ [the applicant], itemized as follows, which shall be paid within 30 days of the date of this order:
a. Damages awarded to owners of adjacent land over which the highway is laid: $________.
b. The estimated cost of constructing or widening the highway [including the cost of constructing a turnaround, if one is necessary]: $________.
c. Attorney fees reasonably incurred by the town: $________.
d. Costs of any [survey or fee of any expert on valuation or both] reasonably incurred by the town: $________.
e. Administrative costs [such as clerical costs and publication costs]: $________.
f. Per diem compensation for the supervisors [if special meetings are held only for the purpose of considering the application]: $________.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Notes: If the board decides to lay out a new highway, the new highway shall be at least 66 feet wide unless that width is determined by the board to be impractical. If the owner of land that is accessible or that is provided with an easement to a public highway subdivides and transfers any part of the land and fails to provide the required easement, the town board may lay out a road at least 66 feet wide. If the board decides to widen an existing way or road, the resulting highway shall not be less than 49.5 feet nor more than 66 feet wide.
If it is necessary to include a turnaround, the turnaround shall be laid out on the applicant's land.
Within 10 days of payment, the town board shall file the order with the town clerk and record the order with the register of deeds for the county in which the land is located.
The damages awarded may not exceed the price stated in the applicant's affidavit.
If the town board denies the application, 50 percent of the costs listed in items b to e in paragraph 3 of the above form may be charged to the applicant as a special charge under
s. 66.0627, Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
Whereas, the Town Board of the Town of ________, ________ County, Wisconsin, contemplates making a new record of the highway [insert legal description and attach a scale map] in the Town of ________, the record of the highway having been lost or destroyed, notice is given that the supervisors of the town will hold a public hearing regarding a new record at ________, in the town, on the _____ day of ________, 20__, at ____ o'clock __.m., and decide whether to make a new record.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Proof should be made and filed and recorded that the notice was served as required by
s. 82.10 (4), Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
The record of the laying out of the highway [insert legal description] in the Town of ________, ________ County, Wisconsin, having been lost or destroyed; and the town board having given written notice that they would meet at a time and place stated in the notice to decide whether they should make a new record of the highway, which notice was served in the manner provided by
s. 82.10 (4), Wis. stats.; and having met at [state time and place], the time and place fixed in the notice, and heard and considered the arguments and evidence offered for and against the new record, the town board finds that the highway is a legal highway, the record of which is lost or destroyed;
It is ordered that a new record of the laying out of the highway in the town is made as follows: [describe same, specifying course and width].
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
It is ordered that a temporary highway shall be laid out as follows: Commencing at a point [describe starting place, the courses, and the distance], the line described being the center line of the temporary highway and the same is laid out __ feet wide. [If the board cannot agree with landowners as to damages, then proceed:]
The highway passes through the following described land [describe it] [owned or occupied] by ________ ________ [and so on, naming each owner, or occupant, and describing the land]; and, the board being unable to contract with [insert names of all persons awarded damages] as to the damages, the town board awards to ________ ________ the sum of $________ as damages on account of the temporary highway [include each person entitled to damages].
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
To the County Board of ________ County, Wisconsin:
The petition of the undersigned Town Board of the Town of ________, ________ County, Wisconsin, respectfully represents that on ________ ___, 20__, at the [annual or special] town meeting of the town, the electors of the town voted a tax of $________ to improve that portion of highway described as [describe highway].
Wherefore the Town Board of the Town of ________ petitions for an appropriation to be made by the county to aid the improvement of the highway as provided by
s. 83.14, Wis. stats.
Dated this ______ day of ________, 20__.
