Section 82.10. Initiation of procedures.

 

(1)   Application for highway changes. Six or more resident freeholders may apply to the town board to have a highway laid out, altered, or discontinued. The application shall be in writing and shall be delivered to the town clerk. The application shall contain all of the following:

(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.

(b) A scale map of the land that would be affected by the application.

(2)   Resolution. Notwithstanding sub. (1) , the town board may initiate the process of laying out, altering, or discontinuing a town highway by the introduction of a resolution. The resolution shall contain all of the following:

(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.

(b) A scale map of the land that would be affected by the resolution.

(3)   Notice requirements. Upon receipt of an application under sub. (1) or the introduction of a resolution under sub. (2) , the board shall provide notice of the time that and the place where it will meet to consider the application or resolution. The notice shall contain a legal description of the highway to be discontinued or of the proposed highway to be laid out or altered and a scale map of the land that would be affected by the application or resolution.

(4)   Notice recipients.

(a) The town board or, at the town board's direction, the applicants shall publish a class 3 notice under ch. 985 and shall, at least 30 days before the hearing, give notice by registered mail to all of the following:

1. The owners of record of lands through which the highway may pass.

2. The owners of record of all lands abutting the highway.

3. The department of natural resources.

4. The county land conservation committee in each county through which the highway may pass.

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.

6. The commissioner of railroads, if there is a railroad highway crossing, within the portion of the highway that is the subject of the application or resolution.

(b) If procedures are begun under sub. (1) , the applicants shall bear the cost of publication. If the procedures are begun under sub. (2) , the town shall bear the cost of publication.

(5)   Lis pendens. In the case of an application under sub. (1) , the applicant shall file a lis pendens under s. 840.11 . 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.

2003 a. 214 ss. 29 , 34 to 38 , 161 ; 2009 a. 107 , 223 .

Note

2003 Wis. Act 214 , which affected this section, contains extensive explanatory notes. Microsoft Windows NT 6.1.7601 Service Pack 1