Wisconsin Statutes
Wis. Stat. § 82.10 (2026)
Initiation of procedures
✓ current as of July 2026
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82.10(1)(1) Application for highway changes. Six or more resident freeholders may apply to the town board to have a highway laid out, altered, or discontinued. The application shall be in writing and shall be delivered to the town clerk. The application shall contain all of the following:
82.10(1)(a)(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
82.10(2)(2) Resolution. Notwithstanding sub. (1), the town board may initiate the process of laying out, altering, or discontinuing a town highway by the introduction of a resolution. The resolution shall contain all of the following:
82.10(2)(a)(a) A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
82.10(3)(3) Notice requirements. Upon receipt of an application under sub. (1) or the introduction of a resolution under sub. (2), the board shall provide notice of the time that and the place where it will meet to consider the application or resolution. The notice shall contain a legal description of the highway to be discontinued or of the proposed highway to be laid out or altered and a scale map of the land that would be affected by the application or resolution.
82.10(4)(a)(a) The town board or, at the town board’s direction, the applicants shall publish a class 3 notice under ch. 985 and shall, at least 30 days before the hearing, give notice by registered mail to all of the following:
82.10(4)(a)4.4. The county land conservation committee in each county through which the highway may pass.
82.10(4)(a)5.5. The secretary of transportation, if the highway that is the subject of the application or resolution is located within one-quarter mile of a state trunk highway or connecting highway.
82.10(4)(a)6.6. The commissioner of railroads, if there is a railroad highway crossing, within the portion of the highway that is the subject of the application or resolution.
82.10(4)(b)(b) If procedures are begun under sub. (1), the applicants shall bear the cost of publication. If the procedures are begun under sub. (2), the town shall bear the cost of publication.
82.10(5)(5) Lis pendens. In the case of an application under sub. (1), the applicant shall file a lis pendens under s. 840.11. In the case of a resolution under sub. (2), the board shall file a lis pendens within 10 days of the introduction of the resolution.
82.10 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2006–2026 · leading case: Dawson v. Town of Jackson, 2011 WI 77 (Wis. 2011).
Dawson v. Town of Jackson, 2011 WI 77 (Wis. 2011). “(1), the governing bodies of the municipalities, acting together, shall proceed under §§ 82.10 to 82.13." Id. (emphasis added).”
Margaret Pulera v. Town of Richmond, 2017 WI 61 (Wis. 2017). “See Wis. Stat. §§ 82.10 (3)14 & (4).15 In addition, a town board is required to hold a public hearing to decide whether creating, altering or discontinuing a highway is in the public interest.”
City of Prescott v. Holmgren, 2006 WI App 172 (Wis. Ct. App. 2006). “Unrecorded public highways *634 may be vacated through the procedures articulated in Wis. Stat. §§ 82.10 to 82.12. Wis. Stat. § 82.”
Dawson v. Town of Jackson, 2010 WI App 24 (Wis. Ct. App. 2010). “Jackson responds that once the procedure to discontinue a town highway is properly initiated, the statute directs the towns to proceed under Wis. Stat. §§ 82.10 to 82.13. See Wis. Stat.”
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.10(2)(a)-(b). Upon introducing the resolution, the town board must provide notice of the hearing to consider the resolution through publication of a class 3 notice under WIS.”
John P. Werler v. Douglas Berends (Wis. Ct. App. 2024). “§§ 82.10, 82.11, 82.12 (2021-22); see also WIS.”
Margaret Pulera v. Benjamin Coopman, Jr., 615 F. App'x 382 (7th Cir. 2015). “The district court concluded that the contention is so weak that the suit does not come within federal subject-matter jurisdiction. As the district court understood Pulera’s contentions, “equal protection” is just a label, attached to a contention that Coopman failed to follow…”
— Wis. Stat. § 82.10(1) — 1 case
Margaret Pulera v. Town of Richmond, 2017 WI 61 (Wis. 2017). “See Wis. Stat. §§ 82.10 (3)14 & (4).15 In addition, a town board is required to hold a public hearing to decide whether creating, altering or discontinuing a highway is in the public interest.”
— Wis. Stat. § 82.10(2)(a) — 1 case
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.10(2)(a)-(b). Upon introducing the resolution, the town board must provide notice of the hearing to consider the resolution through publication of a class 3 notice under WIS.”
— Wis. Stat. § 82.10(3) — 2 cases
Margaret Pulera v. Town of Richmond, 2017 WI 61 (Wis. 2017). “See Wis. Stat. §§ 82.10 (3)14 & (4).15 In addition, a town board is required to hold a public hearing to decide whether creating, altering or discontinuing a highway is in the public interest.”
Dawson v. Town of Jackson, 2011 WI 77 (Wis. 2011). “(1), the governing bodies of the municipalities, acting together, shall proceed under §§ 82.10 to 82.13." Id. (emphasis added).”
— Wis. Stat. § 82.10(4) — 1 case
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.10(2)(a)-(b). Upon introducing the resolution, the town board must provide notice of the hearing to consider the resolution through publication of a class 3 notice under WIS.”
— Wis. Stat. § 82.10(4)(a) — 1 case
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.10(2)(a)-(b). Upon introducing the resolution, the town board must provide notice of the hearing to consider the resolution through publication of a class 3 notice under WIS.”
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