This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
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.
88.54   Borrowing money.
88.55   Refunding district obligations.
88.56   Compromise and discharge of obligations.
88.61   Laying out drains, assessment of benefits and award of damages in existing drainage district.
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.
88.67   Construction and repair of drains crossing utility installations; laying utility installations across drains.
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.
88.74   District corridors.
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.
88.87   Road grades not to obstruct natural drainage, landowners not to obstruct highway drainage; remedies.
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.
88.93   Right to take water from drainage ditch.
88.94   Drains for individual landowners.
subch. I of ch. 88 SUBCHAPTER I
88.01 88.01 Definitions. In this chapter, unless the context requires otherwise:
88.01(1) (1)“Benefits" includes all pecuniary advantages accruing to lands from the construction of the drain or proposed drain.
88.01(2) (2)“Board" or “drainage board" means the board created and appointed under s. 88.16, 1991 stats., or under s. 88.17.
88.01(2m) (2m)“Bond" means any bond, note or other obligation of a drainage board issued under this chapter, including any refunding bond.
88.01(3) (3)“Clerk of court" means the clerk of circuit court.
88.01(4) (4)“Cost of construction" includes damages to lands both within and outside the district, reasonable attorney fees for petitioners and the board, and all other reasonable and necessary expenses incurred in the organization of and in the construction and completion of the works of a drainage district.
88.01(5) (5)“County treasurer" means the treasurer of the county in which the drainage board having jurisdiction of the drainage district is located.
88.01(6) (6)“Court" means the circuit court of the county in which the drainage district is located or the circuit court having jurisdiction of the proceedings in any drainage district located in more than one county.
88.01(7) (7)“District" means any drainage district subject to this chapter.
88.01(8) (8)“Drain" means any device for the drainage of water from land or the protection of land from water, including open ditches, tiles, pipelines, pumps and levees.
88.01(8m) (8m)“Duck Creek Drainage District" has the meaning given in s. 30.01 (1nm).
88.01(9) (9)“Interested person" includes the state or any agency or subdivision thereof.
88.01(10) (10)“Judge" means the judge of the circuit court having jurisdiction of the proceedings of any drainage district, or the person sitting for the judge.
88.01(11) (11)“Land" or “lands" means any real property or interest therein, whether privately or publicly owned, including railroad rights-of-way, public highways, streets and alleys.
88.01(12) (12)“Mortgagee" means every person holding a mortgage or an assignment of a mortgage against lands within a drainage district or proposed drainage district whose name and post-office address is known to the board or whose mortgage or assignment is legally recorded and contains the post-office address of such mortgagee or assignee.
88.02 88.02 Outstanding securities and contracts not affected. Nothing in this chapter may render more difficult the collection of outstanding bonds or notes of any drainage organization or impair the obligation of any contract made by the organization or defeat any vested property right of the organization. No assessment of supplemental benefits nor any reassessment of benefits may disturb any previous assessment for the cost of construction while bonds or notes based on the construction are unpaid. Assessments shall remain liens upon the same lands and claims against the same corporations in the same amounts as when first assessed and recorded, until the bonds and notes based on the construction are paid or refunded.
88.02 History History: 1993 a. 456.
88.03 88.03 Drainage proceedings equitable in nature. All court proceedings under this chapter are equitable in nature. The court may in any proceeding bring in new parties as if they were original parties to the proceeding.
88.03 History History: 1977 c. 449; 1993 a. 456.
88.032 88.032 Amendment of documents.
88.032(1)(1)Any document or paper filed or entered in a proceeding before the court may at any time be amended, modified or corrected by the court as the facts warrant and upon such notice as the court orders.
88.032(2) (2)Any document or paper filed or entered in a proceeding before the drainage board may at any time be amended, modified or corrected by the drainage board as the facts warrant and upon such notice as the drainage board orders, except that no amendment, modification or correction of any assessment may be made after the issuance of money obligations based on the assessment if the result of the amendment, modification or correction would be to render the obligations more difficult to collect.
88.032 History History: 1993 a. 456 ss. 10, 11.
88.04 88.04 General rules relating to signatures on petitions.
88.04(1)(1)Any person entitled to sign a petition to the court or the drainage board under this chapter may sign through an agent. The authority of the agent shall be in writing and shall be filed with the drainage board but need not be acknowledged, sealed or witnessed.
88.04(2) (2)If any minor or individual adjudicated incompetent owns land in a drainage district or proposed drainage district or proposed annex to a drainage district, the guardian or next of kin of the minor or individual may sign petitions under this chapter for and on behalf of the minor or incompetent.
88.04 History History: 1991 a. 316; 1993 a. 456; 2005 a. 387.
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.
This is an archival version of the Wis. Stats. database for 2019. See Are the Statutes on this Website Official?