82.27 Landlocked property and property with insufficient highway access.

464 words·~2 min read·/wi/chapter-82/82-27-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definition. In this section, “advantages” means the greater of the following:

(a)The increase in value of the landlocked property after the highway is laid out or the way or road is widened.

(b)The administrative costs under sub.

(5), and the estimated cost of constructing or widening the highway, including both the cost of constructing a turnaround, if one is necessary, and the damages paid to the owner of the land over which the highway is laid out or the way or road is widened.

(2)Application. The owner of real estate located within a town may apply to the town board to have a highway laid out to the owner’s land. Except as provided in sub.

(7), the application shall be delivered to the town clerk of the town in which the real estate is located. The application shall contain an affidavit, executed by the applicant, that describes the affected real estate and recites facts that satisfy the board that the circumstances either in par.

(a)or in par.

(b)exist:

(a)The real estate is shut out from all public highways by being surrounded by real estate owned by other persons, or by real estate owned by other persons and by water, and that the owner is unable to purchase a right-of-way to a public highway from the owners of the adjoining real estate or that such a right-of-way cannot be purchased except at an exorbitant price, which price shall be stated in the affidavit.

1. The owner is the owner of a private way or road, whose width shall be stated in the affidavit, that leads from the described real estate to a public highway but the way or road is too narrow to afford the owner reasonable access from the described real estate to the public highway; and

2. The owner is unable to purchase a right-of-way from the described real estate to a public highway, or is unable to purchase land on either or both sides of the existing way or road to make the way or road of sufficient width or that the right-of-way or additional land cannot be purchased except at an exorbitant price, which price shall be stated in the affidavit.

(3)Setting the hearing date; notice. Upon receipt of an application under sub.

(2), the town board shall set a time and place to conduct a hearing regarding the application. The hearing shall be held after 10 days and within 30 days of the receipt of the application by the town board. Notice of the time and place of the hearing shall be served as required by s. 82.10 and published as a class 2 notice under ch. 985 .