Chapter 88, DRAINAGE OF LANDS
86 sections in this chapter.
Wis. Stat. § 88.01 Definitions
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88.01 Definitions. In this chapter, unless the context requires otherwise: (1) “Benefits” includes all pecuniary advantages accruing to lands from the construction of the drain or proposed drain. (2) “Board” or “drainage board” means the board created and appointed under s. 88.16…
Wis. Stat. § 88.02 Outstanding securities and contracts not affected
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88.02 Outstanding securities and contracts not affected. Nothing in this chapter may render more difficult the collection of outstanding bonds or notes of any drainage organization or impair the obligation of any contract made by the organization or defeat any vested property rig…
Wis. Stat. § 88.03 Drainage proceedings equitable in nature
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88.03 Drainage proceedings equitable in nature. All court proceedings under this chapter are equitable in nature. The court may in any proceeding bring in new parties as if they were original parties to the proceeding. History: 1977 c. 449; 1993 a. 456.
Wis. Stat. § 88.032 Amendment of documents
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88.032 Amendment of documents. (1) Any document or paper filed or entered in a proceeding before the court may at any time be amended, modified or corrected by the court as the facts warrant and upon such notice as the court orders. (2) Any document or paper filed or entered in a…
Wis. Stat. § 88.04 General rules relating to signatures on petitions
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88.04 General rules relating to signatures on petitions. (1) Any person entitled to sign a petition to the court or the drainage board under this chapter may sign through an agent. The authority of the agent shall be in writing and shall be filed with the drainage board but need …
Wis. Stat. § 88.05 General rules applicable to notices of hearings
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88.05 General rules applicable to notices of hearings. If a hearing is required on a petition or report filed with the court or a petition filed with the drainage board under this chapter, the following rules apply unless some different procedure is expressly provided under this …
Wis. Stat. § 88.06 General procedure for obtaining consent or approval of the court in drainage proceedings
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88.06 General procedure for obtaining consent or approval of the court in drainage proceedings. Whenever any action by the drainage board requires the consent or approval of the court and no other procedure is expressly provided, the procedure in this section applies: (1) The boa…
Wis. Stat. § 88.065 General procedure for drainage board hearings
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88.065 General procedure for drainage board hearings. If this chapter requires the drainage board to conduct a hearing before issuing an order and no other procedure is expressly provided, the following procedure applies: (1) Upon receipt of the petition, the drainage board shall…
Wis. Stat. § 88.07 General rules; drainage proceedings in court
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88.07 General rules; drainage proceedings in court. (1) All objections made to the jurisdiction of the court or to the sufficiency or legality of any petition or report shall be in writing. The objections shall be set forth clearly and in detail and shall be filed with the clerk …
Wis. Stat. § 88.08 Costs in drainage proceedings
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88.08 Costs in drainage proceedings. (1) In all proceedings under this chapter involving a petition to the court, the court shall by order tax the taxable costs of the proceeding. If costs are taxed against the drainage board, they shall not go against the board members personall…
Wis. Stat. § 88.09 Certiorari; drainage board decisions
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88.09 Certiorari; drainage board decisions. Any person subject to an order or rule of the drainage board may, within 30 days after publication of the order or rule, commence an action seeking the remedy available by certiorari. The court may not stay proceedings involving the ord…
Wis. Stat. § 88.10 Guardian ad litem; failure to appoint
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88.10 Guardian ad litem; failure to appoint. Failure to appoint a guardian ad litem in a proceeding under this chapter is not jurisdictional, but when the failure is discovered a guardian ad litem shall be appointed and an order served upon the guardian ad litem to show cause why…
Wis. Stat. § 88.11 Assistance to drainage districts
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88.11 Assistance to drainage districts. (1) The department of agriculture, trade and consumer protection shall employ an engineer, who shall be the state drainage engineer, to improve district operations. The department shall do all of the following: (a) Perform inspections in dr…
Wis. Stat. § 88.12 Proceedings when drainage area is in more than one county
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88.12 Proceedings when drainage area is in more than one county. (1) If a proposed drainage district lies in more than one county, the petition for organization of the district shall be filed in the court of the county containing the largest acreage proposed for drainage by the p…
Wis. Stat. § 88.13 Right to enter lands of drainage district
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88.13 Right to enter lands of drainage district. Whenever necessary for any purpose connected with the organization of a district or the construction, maintenance or repair of drains and other works, members of the board, representatives of the department of agriculture, trade an…
Wis. Stat. § 88.14 Controversies between districts
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88.14 Controversies between districts. (1) If a controversy arises out of the relationship of 2 or more drainage districts that are subject to the jurisdiction of a single drainage board, the board may hold hearings and take whatever other action it considers necessary toward set…
Wis. Stat. § 88.145 Limitation of damages and suits
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88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employee or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on t…
Wis. Stat. § 88.16 Notification requirements, engineering study
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88.16 Notification requirements, engineering study. (1) If a board takes any action which results in the hiring of an engineer to conduct a study that is related to the operation of a drain, or the district, the board shall send, as soon as possible, written notice of the action …
Wis. Stat. § 88.161 Transition for certain drainage districts
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88.161 Transition for certain drainage districts. A drainage district operating under s. 88.16, 1989 stats., becomes a drainage district under this chapter as a matter of law on June 1, 1993. The records, assessments, funds and indebtedness of such a drainage district become the …
Wis. Stat. § 88.17 Appointment and organization of drainage board
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88.17 Appointment and organization of drainage board. (1) The court shall appoint a drainage board either upon the filing of a petition for organization of a drainage district under this chapter in a county that does not already have a drainage board or upon the filing of a petit…
Wis. Stat. § 88.172 Limited liability of drainage board members
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88.172 Limited liability of drainage board members. (1) Except as provided in subs. (2) and (3), a drainage board member is not liable to any other person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perfor…
Wis. Stat. § 88.18 County treasurer to serve as treasurer of drainage districts
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88.18 County treasurer to serve as treasurer of drainage districts. (1) The county treasurer shall serve as treasurer of all drainage districts under the jurisdiction of the drainage board. All moneys collected for or payable to any such drainage district shall be turned over to …
Wis. Stat. § 88.19 Board to keep records
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88.19 Board to keep records. (1) It is the duty of the secretary of the board to keep records of all drainage proceedings. The secretary shall also maintain a minute book in which the secretary shall enter the minutes of the board meetings. The secretary shall be compensated for …
Wis. Stat. § 88.20 Conflict of interest prohibited
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88.20 Conflict of interest prohibited. (1) No member of a drainage board shall be interested directly or indirectly: (a) In any contract with the drainage board; or (b) In any contract for work or materials in or for a drainage district; or (c) In any contract for the sale of mac…
Wis. Stat. § 88.21 General powers of the drainage board
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88.21 General powers of the drainage board. In addition to other powers expressly granted or necessarily implied, the drainage board may: (1) Adopt and use a corporate seal. (2) Sue and be sued and compromise suits and controversies. (3) Bring all necessary actions for the collec…
Wis. Stat. § 88.212 Required actions for the drainage board
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88.212 Required actions for the drainage board. In addition to other powers expressly granted or necessarily implied, the drainage board shall: (1) Beginning in 2009, and every 3 years thereafter, provide written notice to every person who owns land that is located within the dra…
Wis. Stat. § 88.215 Landowner petitions
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88.215 Landowner petitions. The owners of land in a district may petition the drainage board to hold a district meeting. The petition shall be signed by at least 10 percent of the owners of land within the district or by the owners of at least 10 percent of the lands within the d…
Wis. Stat. § 88.22 Power of board to contract with the federal government and other agencies
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88.22 Power of board to contract with the federal government and other agencies. The drainage board may: (1) Enter into agreements with the U.S. government or an officer or agency thereof to permit the drainage of lands owned or occupied by such government or agency, through the …
Wis. Stat. § 88.23 Power of board to levy assessments for costs
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88.23 Power of board to levy assessments for costs. (1) In addition to the assessments for cost of construction authorized by s. 88.35, the board may issue orders to levy assessments for costs of maintenance and repair or for any other lawful expenditures of a drainage district. …
Wis. Stat. § 88.24 Board to file annual report
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88.24 Board to file annual report. On or before December 1 of each year the board shall file with the department of agriculture, trade and consumer protection; the town board or town zoning committee; the city council, plan commission, or plan committee; and the county zoning adm…
Wis. Stat. § 88.27 Who may petition for organization of a drainage district
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88.27 Who may petition for organization of a drainage district. (1) Except as provided in sub. (1m), any of the following may petition for the organization of a drainage district under this chapter: (a) The owners of more than one-half in area of the lands, excluding lands owned …
Wis. Stat. § 88.28 Contents of petition
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88.28 Contents of petition. (1) A petition for organization of a drainage district shall be filed with the court and shall set forth: (a) A description of the lands proposed to be included in the district and that they will be improved by drainage. (b) That the public health or p…
Wis. Stat. § 88.29 Referral of petition to board; examination of lands; hearing by board
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88.29 Referral of petition to board; examination of lands; hearing by board. (1) Upon receipt of a petition for organization of a drainage district the court or judge by order shall refer the petition to the drainage board and order the board to report thereon. (2) When a petitio…
Wis. Stat. § 88.31 Special procedure in cases affecting navigable waters
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88.31 Special procedure in cases affecting navigable waters. (1) If it is necessary to enter upon any waters that may be navigable, or to acquire and remove any dam or obstruction from the waters, or to clean out, widen, deepen or straighten any stream that may be navigable, the …
Wis. Stat. § 88.32 Report to the court
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88.32 Report to the court. (1) Within 30 days after the final adjournment of the hearing provided for in s. 88.29, the board shall report in writing to the court: (a) Whether the petition has the required number of signers; (b) Whether the lands described in the petition will be …
Wis. Stat. § 88.33 Drainage project may be stopped prior to organization of district
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88.33 Drainage project may be stopped prior to organization of district. (1) At any time prior to the entry of the order organizing a drainage district, the owners who represent a majority of the lands described in the petition for drainage or who represent a majority of the land…
Wis. Stat. § 88.34 Hearing by the court; organization of drainage district
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88.34 Hearing by the court; organization of drainage district. (1) When the board has filed its report with the court, including any reports required by s. 88.11, the court shall fix a time and place of hearing on the report and shall cause notice to be given under s. 88.05 (1) (…
Wis. Stat. § 88.35 Laying out drains, assessment of benefits and award of damages in newly organized district
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88.35 Laying out drains, assessment of benefits and award of damages in newly organized district. (1) Upon the organization of a drainage district, the board shall with the aid of an engineer having the qualifications specified in s. 88.21 (5): (a) Lay out drains of sufficient de…
Wis. Stat. § 88.36 Hearing on report
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88.36 Hearing on report. (1) Upon the completion of the report provided for in s. 88.35, the drainage board shall fix the time and place of the hearing on the report and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) …
Wis. Stat. § 88.40 Assessments for costs to be certified to register of deeds; assessments are lien on lands
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88.40 Assessments for costs to be certified to register of deeds; assessments are lien on lands. (1) Immediately after the issuance of a drainage board order levying any assessments for costs, whether original or supplemental, the drainage board shall record in the office of the …
Wis. Stat. § 88.405 Assessment for connection to district drain
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88.405 Assessment for connection to district drain. When any new drain is connected to an existing district drain, whether or not the area drained by the new drain is within the drainage district, the drainage board by order may assess against the newly drained land a reasonable …
Wis. Stat. § 88.41 Payment of assessments for costs
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88.41 Payment of assessments for costs. (1) All assessments for costs are due and payable 4 months after the date on which the order making the assessments is issued unless the drainage board by order directs that the assessments may be paid in installments. Assessments shall be …
Wis. Stat. § 88.42 Unpaid drainage assessments to be collected as taxes
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88.42 Unpaid drainage assessments to be collected as taxes. (1) The secretary of the drainage board shall, in accordance with s. 88.19, keep a separate record of all assessments in each drainage district under the board’s jurisdiction. On or before December 1 of each year, the se…
Wis. Stat. § 88.43 Collection of assessments as delinquent taxes
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88.43 Collection of assessments as delinquent taxes. (1) If the amounts certified to the town, village or city clerk under s. 88.42 are not collected by the town, village or city treasurer, such treasurer shall return them to the county treasurer, in the same manner and at the sa…
Wis. Stat. § 88.44 Contesting validity of assessments
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88.44 Contesting validity of assessments. (1) If an interested person petitions the drainage board for review of the validity of any order assessing benefits or costs, correcting omitted assessments, reassessing benefits or apportioning benefits upon division of a parcel, the dra…
Wis. Stat. § 88.45 Procedure upon discovering omitted assessments
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88.45 Procedure upon discovering omitted assessments. (1) Upon learning of an omission to assess benefits or to assess costs or to award damages to any lands in a district, the board shall issue an order making the assessments or awards that the board considers just. (2) No omiss…
Wis. Stat. § 88.46 Reassessment of benefits
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88.46 Reassessment of benefits. (1) At any time after the expiration of 5 years from the order of the board assessing benefits in a drainage district, owners of land in the district may petition the drainage board for a reassessment of benefits on the ground that the original ass…
Wis. Stat. § 88.47 Apportionment of assessments when assessed parcel is divided
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88.47 Apportionment of assessments when assessed parcel is divided. If any tract of land which has been assessed benefits as a unit subsequently is divided into smaller parcels, the board shall issue an order to apportion the assessment, and any unpaid assessment for costs based …
Wis. Stat. § 88.48 Assessment of county and municipal lands
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88.48 Assessment of county and municipal lands. (1) Lands owned by a county, town, village or city may be assessed benefits, awarded damages and assessed for costs the same as other lands within the district. Notice of hearing on the report assessing benefits against such lands s…
Wis. Stat. § 88.49 Assessment of one district by another; judgment against district
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88.49 Assessment of one district by another; judgment against district. If one district, by order of the drainage board, has assessed another district for special benefits, or if a money judgment has been rendered against any district, the board shall assess upon the lands of the…