66.0217 Annexation initiated by electors and property owners.
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/wi/chapter-66/66-0217-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
66.0217 Annexation initiated by electors and property owners.
(1)Definitions. In this section, unless the context clearly requires otherwise:
(a)“Assessed value” means the value for general tax purposes as shown on the tax roll for the year next preceding the filing of any petition for annexation.
(b)“Department” means the department of administration.
(c)“Legal description” means a complete description of land to be annexed without internal references to any other document, and shall be described in one of the following ways:
1. By metes and bounds commencing at a monument at the section or quarter section corner or at the end of a boundary line of a recorded private claim or federal reservation in which the annexed land is located and in one of the following ways:
a. By government lot.
b. By recorded private claim.
c. By quarter section, section, township and range.
2. If the land is located in a recorded and filed subdivision or in an area subject to a certified survey map, by reference as described in s. 236.28 or s. 236.34
(3).
(d)“Owner” means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant is an owner to the extent of his or her interest.
(e)“Petition” includes the original petition and any counterpart of the original petition.
(f)“Real property” means land and the improvements to the land.
(g)“Scale map” means a map that accurately reflects the legal description of the property to be annexed and the boundary of the annexing city or village, and that includes a graphic scale on the face of the map.
(2)Direct annexation by unanimous approval. Except as provided in this subsection and sub.
(14), and subject to ss. 66.0301
(d)and 66.0307
(7), if a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub.
(4). In an annexation under this subsection, subject to sub.
(6), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance. No territory may be annexed by a city or village under this subsection unless the territory to be annexed is contiguous to the annexing city or village.
(3)Other methods of annexation. Subject to ss. 66.0301
(d)and 66.0307
(7), and except as provided in sub.
(14), territory contiguous to a city or village may be annexed to the city or village in the following ways:
(a)Direct annexation by one-half approval. A petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:
1. A number of qualified electors residing in the territory subject to the proposed annexation equal to at least the majority of votes cast for governor in the territory at the last gubernatorial election, and either of the following:
a. The owners of one-half of the land in area within the territory.
b. The owners of one-half of the real property in assessed value within the territory.
2. If no electors reside in the territory subject to the proposed annexation, by either of the following:
a. The owners of one-half of the land in area within the territory.
b. The owners of one-half of the real property in assessed value within the territory.