State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 88 > 88.05

88.05

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 chapter:

88.05(1)

(1) In the case of a court hearing:

88.05(1)(a)

(a) The order fixing the time and place of the hearing shall be made by the court.

88.05(1)(b)

(b) The notice of hearing is sufficient in form and substance if it recites all of the following:

88.05(1)(b)1.

1. That a particular petition or report has been filed.

88.05(1)(b)2.

2. The place of filing.

88.05(1)(b)3.

3. That it is subject to the inspection of all interested persons.

88.05(1)(b)4.

4. If a petition, the request for relief, or the substance of the request.

88.05(1)(b)5.

5. The time and place of the hearing.

88.05(1)(b)6.

6. That all objections to the jurisdiction of the court or to the sufficiency or legality of any petition or report shall be filed with the clerk of court in writing before the hearing and that the objections must be set forth clearly and in detail.

88.05(2)

(2) In the case of a drainage board hearing:

88.05(2)(a)

(a) The order fixing the time and place of the hearing shall be made by the drainage board.

88.05(2)(b)

(b) The notice of hearing is sufficient in form and substance if it recites all of the following:

88.05(2)(b)1.

1. That a particular petition or report has been filed.

88.05(2)(b)2.

2. The place of filing.

88.05(2)(b)3.

3. That it is subject to the inspection of all interested persons.

88.05(2)(b)4.

4. If a petition, the request for relief, or the substance of the request.

88.05(2)(b)5.

5. The time and place of the hearing.

88.05(2)(b)6.

6. That all objections to the jurisdiction of the drainage board or to the sufficiency or legality of any petition, report or assessment or to the equity of any assessment or award of damages shall be filed with the drainage board in writing before the hearing and that the objections shall be set forth clearly and in detail.

88.05(3)

(3) Notice of hearing shall be given by both mailing and publication, as follows:

88.05(3)(a)

(a) The notice shall be mailed, at least 20 days before the date set for hearing, to those persons designated by the applicable section as entitled to receive notice. Ordinary mail may be used.

88.05(3)(b)

(b) The notice shall be published as a class 3 notice, under ch. 985, in the affected area. The last insertion shall be not more than 20 days before the hearing.

88.05(4)

(4) For the purpose of convenience of cross reference, persons commonly designated by specific sections of this chapter as entitled to receive notice are grouped as follows:

88.05(4)(a)

(a) The chairperson of the county highway committee except in a county with a highway commissioner appointed under s. 83.01 (1) (c), the highway commissioner; the chairperson of the county land conservation committee in the county involved; the secretary of natural resources; the state drainage engineer; and, where a railroad company is involved, the person specified in sub. (6).

88.05(4)(b)

(b) The persons enumerated in par. (a) and all owners of record whose lands may be affected.

88.05(4)(c)

(c) The persons enumerated in par. (a) and all owners and mortgagees of lands affected whose names and post-office addresses are known or can with reasonable diligence be ascertained.

88.05(5)

(5) In the case of a court hearing, in lieu of the service by mail specified in sub. (3), the notice of hearing may be served as provided in s. 801.11 for the service of a summons, at least 20 days before the time fixed for hearing. The service is sufficient to give the court complete jurisdiction over the parties and their lands without any other service.

88.05(6)

(6) Railroad companies shall file with the department of financial institutions a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.

88.05(7)

(7) In the case of a court hearing, the board shall file with the court proof of publication and service of the notice required by this section. The certificate or affidavit of the person who made the service, publication or mailing, or who knows the facts, is sufficient proof of service, publication or mailing.

88.05(8)

(8) Failure to give notice as provided by this section or to announce any adjournment does not defeat the jurisdiction of either the court or the drainage board. If a failure to give legal notice to any person entitled to notice is discovered before an order is entered, the court or drainage board shall adjourn the hearing and direct the giving of proper notice. If a failure to give the notice is discovered after the order is entered, the court or drainage board may order the person not served with notice to show cause why that person should not be bound by the order already entered. In any case, notice may be waived by appearance or by a written waiver filed with the court or drainage board.

88.05 - ANNOT.

History: Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 449; 1981 c. 346 s. 38; 1985 a. 29; 1991 a. 316; 1993 a. 184, 456, 491; 1995 a. 27.