State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 88 > 88.34


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) (b) to the persons specified in s. 88.05 (4) (c).


(2) The order fixing the hearing may be in substantially the following form and a copy of the order may be served as notice of the hearing:
"Circuit court for .... County,
In the matter of the .... drainage.
Whereas a report has been filed in this court by the county drainage board recommending the drainage of the following described lands: (here describe the lands reported for drainage).
It is ordered that the report be heard and examined before this court on the .... day of ...., .... (year), at .... o'clock .... M. at the (here state the place of hearing) at which time and place all interested persons may appear and be heard. All objections must be in writing and comply with s. 88.07 (1).
Dated ....
.... ....
Circuit Judge"


(3) The court shall make an order organizing the drainage district and direct the board to proceed with all convenient speed if on such hearing the court finds each of the following facts:


(a) That the petition or petitions have sufficient signers.


(b) That the lands described in the petitions together with any additional lands recommended by the board for drainage will be improved by the proposed work.


(c) That the public health or public welfare will be promoted thereby.


(d) That the cost of construction will not exceed 75% of the benefits to be derived from the proposed work.


(f) That the proposed work will not materially injure or impair fish habitat or wildlife habitat or scenic beauty or the conservation of natural resources or other public rights or interests.


(4) If the court finds the facts stated in sub. (3) (a), (b), (c) and (f) but finds that the cost of construction will exceed 75% of the benefits to be derived from the proposed work, the court nevertheless shall organize the drainage district if, within 10 days, petitioners file with the court a bond with sufficient sureties to be approved by the court and conditioned for the payment of the excess or deposits and leaves with the court a sum of money that the court determines will cover the excess.


(5) Unless the conditions specified in sub. (3) or (4) are met, the court shall deny the petition and shall tax the taxable costs of the proceedings as provided in s. 88.08.


(6) The court may include in a proposed drainage district any lands requiring drainage and lying adjacent to the lands described in the petition and shall not lose jurisdiction by reason of bringing in lands not described in the petition.


(7) If there are petitions before the court to organize 2 or more drainage districts and the court is of the opinion that the territory in the proposed districts should be included in one district or in a lesser number of districts than the petitions call for, the court may by order organize such territory into such number of districts as it deems will best conform to the purposes of this chapter, or the court may annex any territory asking to be organized as a drainage district to a district already organized.


(8) The territory in a district need not be all in one body if:


(a) It is so situated that the public health or public welfare will be promoted by drainage of each separate body thereof; and


(b) The cost of construction in each separate body thereof will not exceed 75% of the benefits to be derived from the proposed work therein; and


(c) The court is satisfied that the proposed work can be more cheaply done or maintained in a single district than otherwise.


(9) The order organizing a drainage district shall be recorded with the register of deeds of each county in which lands of the district are located.

88.34 - ANNOT.

History: 1977 c. 135 s. 19; 1977 c. 449; 1989 a. 31; 1993 a. 301, 456; 1997 a. 250.