236.42 Hearing and order.
(1) After requiring proof that the notices required by s. 236.41 have been given and after hearing all interested parties, the court may in its discretion grant an order vacating or altering the plat or any part thereof except:
(a) The court shall not vacate any alleys immediately in the rear of lots fronting on county trunk highways without the prior approval of the county board or on state trunk highways without the prior approval of the department of transportation.
(b) The court shall not vacate any parts of the plat which have been dedicated to and accepted by the public for public use except as provided in s. 236.43.
(2) The vacation or alteration of a plat shall not affect:
(a) Any restriction under s. 236.293, unless the public body having the right to enforce the restriction has in writing released or waived such restriction.
(b) Any restrictive covenant applying to any of the platted land.
History: 1977 c. 29 s. 1654 (8) (c).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 236 - Platting lands and recording and vacating plats.
236.015 - Applicability of chapter.
236.025 - Ordinary high water marks.
236.03 - Survey and plat; when required.
236.11 - Submission of plats for approval.
236.12 - Procedure for approval of plats.
236.15 - Surveying requirements.
236.18 - Wisconsin coordinate system.
236.21 - Certificates to accompany plat.
236.26 - Notification to approving authorities.
236.27 - Filing of copy of plat.
236.28 - Description of lots in recorded plat.
236.292 - Certain restrictions void.
236.293 - Restrictions for public benefit.
236.295 - Correction instruments.
236.30 - Forfeiture for improper recording.
236.31 - Penalties and remedies for transfer of lots without recorded plat.
236.32 - Penalty for disturbing or not placing monuments.
236.33 - Division of land into small parcels in cities of the first class prohibited; penalty.
236.335 - Prohibited subdividing; forfeit.
236.34 - Recording of certified survey map; use in changing boundaries; use in conveyancing.
236.35 - Sale of lands abutting on private way outside corporate limits of municipality.
236.40 - Who may apply for vacation of plat.
236.43 - Vacation or alteration of areas dedicated to the public.
236.445 - Discontinuance of streets by county board.
236.45 - Local subdivision regulation.
236.50 - Date chapter applies; curative provisions as to plats before that date.