Section 82.16. Highway orders; presumptions.

 

(1)  Every order laying out, altering, or discontinuing a highway under this chapter, and any order restoring the record of a highway, shall be presumptive evidence of the facts therein stated and of the regularity of all the proceedings prior to the making of the order.

(2)  The validity of an order described in sub. (1) , if fair on its face, is not open to collateral attack, but may be challenged in an action brought under s. 82.15 .

(3)  It shall be presumed that a release was given by the owners of the lands over which the highway was laid out and the public shall be entitled to use the full width of the highway, as laid out, without further compensation if all of the following apply:

(a) An order laying out the highway has been filed for more than 30 years.

(b) No award of damages or agreement or release has been filed.

(c) The highway, or a part of the highway, has been used by the public and public money has been expended on the highway for at least 5 years.

1979 c. 323 ; 2003 a. 214 ss. 94 to 96 , 166 ; Stats. 2003 s. 82.16; 2003 a. 327 .

Note

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