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__.
[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: $________.
