88.94 Drains for individual landowners.
(1) Whenever any owner of agricultural lands desires to install drainage upon not more than 80 acres of such land, the owner may present a petition to the drainage board or, if there is no drainage board in the county, to the town supervisors of the town in which such land is located. Such petition shall set forth that:
(a) The petitioner desires to install drainage upon agricultural lands owned by the petitioner;
(b) Because of the contour of the land there is no suitable outlet on lands owned by the petitioner;
(c) The proposed drain will promote the general welfare and health of the community;
(d) It is impractical for the petitioner to drain the land without crossing the lands of others; and
(e) It is desired that a drain be laid out to a suitable natural outlet, specifying the course of the drain and location of the proposed outlet and ownership of lands through which such proposed drain would be laid.
(2) After receiving the petition the drainage board or supervisors of the town shall promptly fix the time and place of a hearing on the petition and shall give notice of the hearing under s. 88.05 (2) (b) to the owners and occupants of all lands through or along which the drain may pass and to the persons specified in s. 88.05 (4) (a).
(3) At the time and place fixed for hearing, the drainage board or town supervisors shall meet and hear all interested persons wishing to appear for or against the petition. If the board or supervisors decide that the facts set out in the application are true, that a drain is necessary and that the benefits will exceed the cost of construction, they shall by order lay out a drain through which applicant's lands may be drained as a public drain. Otherwise, they shall deny the application. An order laying out a drain shall specify the benefits and damages to lands of others through which such drain will be laid out and shall provide that the drain may not be constructed until the excess of damages over benefits, if any, has been paid to the landowners entitled thereto. The order also shall contain a description of the location of the drain and specifications therefor. Lands of others shall not be assessed for costs even though benefited by the drain.
(4) Within 10 days after the making of an order laying out a drain, the board or supervisors shall cause a copy of the order to be sent by registered mail to each owner through whose lands the drain will pass, but failure to mail the copy within 10 days does not render the order void. Such order is final unless appealed from to the circuit court within 30 days after the mailing of the copy thereof as provided in this subsection.
(5) Within 30 days after the time for appeal from the order has expired or after the order is confirmed on appeal, the board or supervisors shall cause a copy of the order to be recorded with the register of deeds of the county in which the lands are located. Thereupon, the drain becomes a public drain and the applicant may proceed with construction after having paid any excess of damages over benefits as specified in the order.
(6) This section does not authorize entry upon lands of another without the consent of the owner thereof during any time when there is any growing crop on such land, and no order issued under this section is effective to authorize such entry.
(7) This section does not apply to the installation or construction of a drain across the right-of-way of any railroad company, proceedings for which shall be as provided in s. 88.88.
(8) Expenses incurred by the drainage board under this section shall be paid by the petitioner.
History: 1991 a. 316; 1993 a. 301, 456, 490.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 88 - Drainage of lands.
88.02 - Outstanding securities and contracts not affected.
88.03 - Drainage proceedings equitable in nature.
88.032 - Amendment of documents.
88.04 - General rules relating to signatures on petitions.
88.05 - General rules applicable to notices of hearings.
88.06 - General procedure for obtaining consent or approval of the court in drainage proceedings.
88.065 - General procedure for drainage board hearings.
88.07 - General rules; drainage proceedings in court.
88.08 - Costs in drainage proceedings.
88.09 - Certiorari; drainage board decisions.
88.10 - Guardian ad litem; failure to appoint.
88.11 - Assistance to drainage districts.
88.12 - Proceedings when drainage area is in more than one county.
88.13 - Right to enter lands of drainage district.
88.14 - Controversies between districts.
88.145 - Limitation of damages and suits.
88.16 - Notification requirements, engineering study.
88.161 - Transition for certain drainage districts.
88.17 - Appointment and organization of drainage board.
88.172 - Limited liability of drainage board members.
88.18 - County treasurer to serve as treasurer of drainage districts.
88.19 - Board to keep records.
88.20 - Conflict of interest prohibited.
88.21 - General powers of the drainage board.
88.212 - Required actions for the drainage board.
88.22 - Power of board to contract with the federal government and other agencies.
88.23 - Power of board to levy assessments for costs.
88.24 - Board to file annual report.
88.27 - Who may petition for organization of a drainage district.
88.29 - Referral of petition to board; examination of lands; hearing by board.
88.31 - Special procedure in cases affecting navigable waters.
88.33 - Drainage project may be stopped prior to organization of district.
88.34 - Hearing by the court; organization of drainage district.
88.35 - Laying out drains, assessment of benefits and award of damages in newly organized district.
88.40 - Assessments for costs to be certified to register of deeds; assessments are lien on lands.
88.405 - Assessment for connection to district drain.
88.41 - Payment of assessments for costs.
88.42 - Unpaid drainage assessments to be collected as taxes.
88.43 - Collection of assessments as delinquent taxes.
88.44 - Contesting validity of assessments.
88.45 - Procedure upon discovering omitted assessments.
88.46 - Reassessment of benefits.
88.47 - Apportionment of assessments when assessed parcel is divided.
88.48 - Assessment of county and municipal lands.
88.49 - Assessment of one district by another; judgment against district.
88.50 - When state lands subject to assessment; right-of-way across state lands.
88.55 - Refunding district obligations.
88.56 - Compromise and discharge of obligations.
88.62 - Conditions relative to doing of work.
88.63 - Maintenance and repair of drains.
88.64 - Assessment against municipalities for enlargement or maintenance of drains.
88.66 - Construction and repair of drains crossing railroad right-of-way.
88.68 - Construction of drain across public highway; construction of bridges across drains.
88.69 - District liable for damage to land outside its boundaries.
88.70 - Formation of subdistrict to obtain more thorough drainage.
88.71 - Enlarging or supplementing existing drains.
88.72 - Removal of dams or other obstructions in drainage outlets.
88.73 - Providing drainage for lands assessed but not adequately drained.
88.77 - Annexation of lands upon petition of owners.
88.78 - Annexation of benefited lands.
88.785 - Certain annexations prohibited.
88.79 - Consolidation of drainage districts in process of organization.
88.791 - Consolidation of existing drainage districts.
88.80 - Withdrawal of lands from drainage district.
88.81 - Proceedings to suspend operations of drainage district.
88.815 - Dissolution of suspended drainage districts.
88.817 - Leola drainage district.
88.82 - Dissolution of drainage districts.
88.83 - Transfer of district to municipal jurisdiction.
88.88 - Railroad to construct ditch or sluiceway across right-of-way.
88.89 - Roads not to obstruct natural watercourse.
88.90 - Removal of obstructions from natural watercourses.
88.91 - Penalty for placing obstruction in ditches.
88.92 - Private drains not to be connected with district drains.