62.73 Discontinuance of public grounds.
(1) The common council of a 1st class city may vacate in whole or in part highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city that it determines the public interest requires to be vacated or are of no public utility, subject to s. 66.1005 (2). Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 apply to proceedings under this section.
(1m) Upon receiving a petition under this section or upon introduction of a resolution under this section, the common council shall deliver a copy of the petition or resolution to the commissioner of railroads if there is a railroad highway crossing within the public facilities proposed to be vacated.
(2) All petitions or resolutions shall be referred to a committee of the common council for a public hearing on the proposed discontinuance and at least 7 days shall elapse between the date of the last service and the date of the hearing. A notice of hearing shall be served on the owners of record of all property which abuts the portion of the public facilities proposed to be vacated, in the manner provided for service of a summons.
(3) If the common council initiates a discontinuance proceeding by resolution without a petition signed by all of the owners of the property which abuts the public facility proposed to be discontinued, any owner of property abutting the public facility whose property is damaged by the discontinuance may recover damages as provided in ch. 32.
(4) The common council may order that an assessment of benefits be made and when so ordered the assessment shall be made as provided in s. 66.0703.
History: 1973 c. 189 s. 20; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1999 a. 150 s. 344; Stats. 1999 s. 62.73; 2003 a. 214; 2009 a. 107, 223.
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
62.02 - Repeal of special charters.
62.03 - First class cities excepted.
62.04 - Intent and construction.
62.071 - Annexations to cities of the first class.
62.075 - Detachment of farm lands from cities.
62.08 - Alteration of aldermanic districts.
62.115 - Defense of officers by city attorney.
62.13 - Police and fire departments.
62.135 - Highway safety coordinator.
62.14 - Board of public works.
62.155 - Acquisition of facilities without bids.
62.16 - Street grades; service pipes.
62.17 - Enforcement of building codes.
62.175 - Sewer and water extensions in 1st and 2nd class cities; sewage from other municipalities.
62.185 - Sewer district bonds.
62.19 - Water and heat pipe extensions.
62.22 - Acquiring property; opening or changing streets.
62.225 - Recycling or resource recovery facilities.
62.231 - Zoning of wetlands in shorelands.
62.232 - Required notice on certain approvals.
62.233 - Zoning of annexed or incorporated shorelands.
62.234 - Construction site erosion control and storm water management zoning.
62.237 - Municipal mortgage housing assistance.
62.50 - Police and fire departments in 1st class cities.
62.51 - Mayoral appointments in 1st class cities.
62.53 - Real property used for school purposes; 1st class cities.
62.55 - Requirements for surety bonds of officers and employees in 1st class cities.
62.57 - Uniform salaries in 1st class cities.
62.59 - Police authority to alderpersons in 1st class cities repealed.
62.61 - Health insurance; 1st class cities.
62.62 - Appropriation bonds for payment of employee retirement system liability in 1st class cities.
62.621 - Agreements and ancillary arrangements for certain notes and appropriation bonds.
62.622 - Employee retirement system liability financing in 1st class cities; additional powers.
62.623 - Payment of contributions in an employee retirement system of a 1st class city.
62.63 - Benefit funds for officers and employees of 1st class cities.
62.65 - Death benefit payments to foreign beneficiaries.
62.67 - Uninsured motorist coverage; 1st class cities.
62.69 - First class city utilities.