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.
