AB 880

Under current law, the procedure to lay out, alter, or discontinue a highway on

the line between a town and another town, a city, or a village (municipality), or a

highway extending from one town into an adjoining municipality, may be initiated

when one of the following occurs in each affected municipality: 1) six resident

freeholders of the municipality deliver an application to lay out, alter, or discontinue

a town line highway to the clerk of every municipality that would be affected by the

proposal, or 2) the town board, city council, or village board introduces a resolution

to lay out, alter, or discontinue a town line highway. After the requisite applications

are delivered or resolutions are adopted, the governing bodies of the municipalities,

"acting together," take the actions affecting the covered town line highway. The

Wisconsin Supreme Court in

Dawson v. Town of Jackson

, 336 Wis. 2d 318 (2011)

determined that the "acting together" requirement means that, while the municipal

governing bodies must "come together and cooperate to resolve a joint application

. . . the statute does not mandate the creation of a new, combined board. Approval

of both [governing bodies] is necessary . . . ." This bill clarifies the language of the

statute to confirm the holding of the Wisconsin Supreme Court.