reglab/housing_qa huggingface dataset:
WI Stat § 88.065 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.065 - General procedure for drainage board hearings.

88.065  General procedure for drainage board hearings. If this chapter requires the drainage board to conduct a hearing before issuing an order and no other procedure is expressly provided, the following procedure applies: (1) Upon receipt of the petition, the drainage board shall fix a time and place of hearing on the petition and shall give notice of the hearing as provided in s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b). (2) At the hearing, any interested person may appear and testify either for or against the petition or object to the report assessing costs. If the drainage board is satisfied that the proposed action will be in the best interests of the districts involved, the board shall grant the petition and issue the order, subject to the changes and conditions that the board considers advisable. Otherwise, the drainage board shall dismiss the petition. (3) If a petition, which is basically the same in substance as a petition which has been decided or dismissed, is filed within 3 years after the dismissal, the drainage board may refuse to order a hearing on the petition or to take any other action with respect to the petition. (4) Except as provided in sub. (5), all meetings of the drainage board are subject to subch. V of ch. 19. (5) (a) A gathering of drainage board members solely for one or more of the following purposes is not a meeting, as defined in s. 19.82 (2):1. Observing, supervising or undertaking the construction, maintenance or improvement of drains.2. Observing, supervising or undertaking the construction or maintenance of highways, railroads, bridges, utilities or other similar structures that may affect drains in any drainage district.3. Collecting information by observation, survey or measurement or by discussions with an affected landowner at the site of a drainage ditch or a proposed drainage ditch.4. Responding to natural disasters affecting a drain.(b) Any action taken by a drainage board under par. (a) shall be reported by the board's secretary at the next meeting of the drainage board for inclusion in the board's minutes.(c) A drainage board may not take any action at a gathering under par. (a) if the action will result in an increase in the assessment against any property in the drainage district.History:  1993 a. 456.NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
WI Stat § 88.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.07 - General rules; drainage proceedings in court.

88.07  General rules; drainage proceedings in court. (1) All objections made to the jurisdiction of the court or to the sufficiency or legality of any petition or report shall be in writing. The objections shall be set forth clearly and in detail and shall be filed with the clerk of court before the hearing. (2) Several petitions may be filed in any proceeding. At any time before the sufficiency of the signers of the petitions has been adjudicated, additional signers may be added to the petitions with like effect as if they had signed the original petition. (3) At any time before but not after the hearing has begun on any petition filed under this chapter, any petitioner may withdraw his or her name from the petition upon filing in court an undertaking with sufficient sureties to be approved by the court. The undertaking shall be conditioned that if the withdrawal of names reduces the number of signers below the number required by the section under which the petition is filed and thereby deprives the court of jurisdiction, the withdrawing petitioner will pay into court the costs of the drainage proceeding incurred prior to and including the making and entry of the order denying the relief requested in the petition and will pay into court the expenses incurred on the petition before his or her withdrawal. (4) For satisfactory cause the court may adjourn any hearing for a period of not more than one month at any one adjournment. The adjournment of any meeting or hearing beyond the time, or failure to act within the time, provided in this chapter does not affect the jurisdiction of either the court or the drainage board, but a subsequent hearing shall be had and notice of the time and place thereof shall be given. (5) Any hearing under this chapter may be adjourned by the court or presiding judge or, in his or her absence, by the clerk of court.History:  1977 c. 135, 449; 1993 a. 456.
WI Stat § 88.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.08 - Costs in drainage proceedings.

88.08  Costs in drainage proceedings. (1) In all proceedings under this chapter involving a petition to the court, the court shall by order tax the taxable costs of the proceeding. If costs are taxed against the drainage board, they shall not go against the board members personally but shall be paid out of the district funds or from funds received from the petitioners unless the court orders otherwise. (2) If a petition for organization of a drainage district is dismissed before the appointment of a drainage board in the county, the order taxing costs shall be entered against the petitioners and in favor of any person who advanced moneys, rendered services or incurred other liabilities in prosecuting or contesting such proceedings, for the amount of such moneys, services and incurred liabilities. (3) If proceedings are dismissed in any case where a drainage board has been appointed in the county, the order taxing costs shall be entered against the petitioners and in favor of the board for all costs, expenses and liabilities incurred by the board or by any other person in prosecuting or contesting such proceedings and for the benefit of those who have rendered services or advanced or loaned money in prosecuting or contesting such proceedings. (4) Before any order taxing costs is entered, a petitioner or the board or a person contesting the proceedings shall file with the clerk of the court a duly verified itemized statement of all costs, attorney fees, and other liabilities incurred in prosecuting or contesting such proceedings, upon which an order shall be issued requiring the petitioners to show cause why an order taxing costs should not be entered against them for the amount of costs, attorneys' fees and other liabilities. Notice of hearing of such order to show cause shall be given to the petitioners as provided in s. 88.05 (3). Such order need not contain an itemized statement of such account, but shall state where such account is filed. (5) The petitioners shall, between themselves, contribute to the payment of such costs in proportion to the number of acres of land owned by them within the boundaries of the district or proposed district at the time of filing the petition.History:  1977 c. 449; 2005 a. 253.
WI Stat § 88.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.09 - Certiorari; drainage board decisions.

88.09  Certiorari; drainage board decisions. Any person subject to an order or rule of the drainage board may, within 30 days after publication of the order or rule, commence an action seeking the remedy available by certiorari. The court may not stay proceedings involving the order or rule when an action is commenced, but may, on application, on notice to the board and for cause, grant a restraining order. The board is not required to return the original papers acted upon by it, but may return certified or sworn copies of the papers. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as the court directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the order or rule brought up for review.History:  1977 c. 187 s. 134; 1983 a. 219; 1993 a. 456.
WI Stat § 88.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.10 - Guardian ad litem; failure to appoint.

88.10  Guardian ad litem; failure to appoint. Failure to appoint a guardian ad litem in a proceeding under this chapter is not jurisdictional, but when the failure is discovered a guardian ad litem shall be appointed and an order served upon the guardian ad litem to show cause why the minor or individual adjudicated incompetent should not be bound by all prior proceedings pertaining to the drainage district. On such a hearing the court shall enter such order or judgment as the facts warrant.History:  1991 a. 316; 1993 a. 456; 1999 a. 83; 2005 a. 387.
WI Stat § 88.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.12 - Proceedings when drainage area is in more than one county.

88.12  Proceedings when drainage area is in more than one county. (1) If a proposed drainage district lies in more than one county, the petition for organization of the district shall be filed in the court of the county containing the largest acreage proposed for drainage by the petition, and the court of that county has jurisdiction of the organization of the drainage district. (2) In cases affecting a multicounty drainage district, copies of all court orders and judgments shall be filed in the court of each of the other counties in which the drainage district is located. (3) If a drainage district lies in more than one county, the drainage board of the county containing the largest acreage that is drained or proposed for drainage has jurisdiction of the operation of the drainage district. The drainage board that initially has jurisdiction of the operation of a drainage district retains that jurisdiction even if the drained acreage is subsequently changed, unless the drainage board that initially has jurisdiction agrees with the drainage board of any other county containing land of the drainage district to transfer jurisdiction. (4) All moneys collected on behalf of the drainage district in the other counties shall be transmitted to the treasurer of the county in which the drainage board has jurisdiction.History:  1977 c. 449; 1993 a. 456.
WI Stat § 88.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.13 - Right to enter lands of drainage district.

88.13  Right to enter lands of drainage district. Whenever necessary for any purpose connected with the organization of a district or the construction, maintenance or repair of drains and other works, members of the board, representatives of the department of agriculture, trade and consumer protection, and persons intending to bid on or to whom contracts have been let for the construction of the works within a district or on former district lands transferred under s. 88.83 and their respective agents and employees may go upon any lands proposed for inclusion or included within a district or on adjoining lands or on former district lands transferred under s. 88.83, and are not guilty of trespass therefor but are liable for unnecessary damage caused to crops or structures.History:  1989 a. 31; 2017 a. 115.
WI Stat § 88.14 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.14 - Controversies between districts.

88.14  Controversies between districts. (1) If a controversy arises out of the relationship of 2 or more drainage districts that are subject to the jurisdiction of a single drainage board, the board may hold hearings and take whatever other action it considers necessary toward settling the controversy, including the issuance of orders. (2) If a controversy arises out of the relationship of 2 or more drainage districts that are subject to the jurisdiction of 2 or more drainage boards, the boards shall attempt to settle the controversy and may hold hearings and take whatever other action they consider necessary to accomplish that objective. If the drainage boards are unable to settle the controversy, the matter shall be submitted to arbitration under ch. 788.History:  1977 c. 449; 1993 a. 456.
WI Stat § 88.145 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.145 - Limitation of damages and suits.

88.145  Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employee or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employees of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99.History:  1993 a. 456; 1995 a. 158; 1997 a. 27.NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
WI Stat § 88.16 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.16 - Notification requirements, engineering study.

88.16  Notification requirements, engineering study. (1) If a board takes any action which results in the hiring of an engineer to conduct a study that is related to the operation of a drain, or the district, the board shall send, as soon as possible, written notice of the action to all of the following:(a) The governing body of the city, village, or town that has jurisdiction over the area which is subject to the engineering study.(b) The governing body of the county that has jurisdiction over the area which is subject to the engineering study.(c) The governing body of any city or village that has extraterritorial jurisdiction over the area which is subject to the engineering study. (2) As soon as possible after the engineering study is completed, the board shall send written notice to the governing bodies which received notice under sub. (1) informing them of the study's completion and providing them information as to where the study may be reviewed. (3) A board's failure to notify under sub. (1) does not invalidate any decision made or action taken by the board.History:  2007 a. 121.
WI Stat § 88.161 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.161 - Transition for certain drainage districts.

88.161  Transition for certain drainage districts. A drainage district operating under s. 88.16, 1989 stats., becomes a drainage district under this chapter as a matter of law on June 1, 1993. The records, assessments, funds and indebtedness of such a drainage district become the records, assessments, funds and indebtedness of the drainage district that takes its place. Before June 1, 1993, the circuit court of each county having a drainage district that has elected to operate under s. 88.16, 1989 stats., shall appoint a county drainage board under s. 88.17, if none exists, to take the place of the board of drainage commissioners of a district that elected to operate under s. 88.16, 1989 stats. The terms of office of the members of the new board commence on June 1, 1993.History:  1991 a. 309.
WI Stat § 88.172 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.172 - Limited liability of drainage board members.

88.172  Limited liability of drainage board members. (1) Except as provided in subs. (2) and (3), a drainage board member is not liable to any other person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perform, any duty resulting solely from his or her status as a drainage board member, unless the person asserting liability proves that the breach or failure to perform constitutes any of the following:(a) A willful failure to deal fairly with any person in connection with a matter in which the drainage board member has a material conflict of interest.(b) A violation of criminal law, unless the drainage board member had reasonable cause to believe that his or her conduct was lawful or no reasonable cause to believe that his or her conduct was unlawful.(c) A transaction from which the drainage board member derived an improper personal profit.(d) Willful misconduct. (2) Except as provided in sub. (3), this section does not apply to any of the following:(a) A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.(b) A proceeding brought by any person for a violation of state or federal law if the proceeding is brought under an express private right of action created by state or federal statute. (3) Subsection (2) does not apply to a proceeding brought by a governmental unit, authority or agency in its capacity as a private party or contractor.History:  1993 a. 456.NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
WI Stat § 88.18 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.18 - County treasurer to serve as treasurer of drainage districts.

88.18  County treasurer to serve as treasurer of drainage districts. (1) The county treasurer shall serve as treasurer of all drainage districts under the jurisdiction of the drainage board. All moneys collected for or payable to any such drainage district shall be turned over to or paid to the county treasurer and shall be paid out by the treasurer only upon proper warrants of the drainage board. The county treasurer may retain for the benefit of the county a portion of the interest received on drainage district funds held by the county treasurer, not to exceed the cost to the county treasurer of providing services to the drainage board under this chapter, the cost to the zoning administrator of maintaining drainage board records under s. 88.19 and the cost to the zoning administrator of providing copies of drainage board records to the drainage board. (2) The county treasurer shall keep a separate account for each drainage district in which the treasurer shall charge such district with all amounts paid out on its behalf pursuant to sub. (1) and shall credit the district with:(a) All sums received in payment of drainage assessments of that district, including penalties and interest on the sums.(e) All other sums received on account of the drainage district other than interest received on drainage district funds held by the county treasurer. (3) The drainage board may appoint a treasurer who shall act as the deputy of the county treasurer. The drainage board may assign any part or all of the county treasurer's duties under this chapter to the drainage board treasurer. The drainage board treasurer shall be reimbursed for actual and reasonable expenses incurred in the performance of the treasurer's duties in the same manner as provided for drainage board member expenses under s. 88.17 (8). The drainage board shall require a bond from the drainage board treasurer in an amount, set by the board, that is sufficient to exceed the greatest amount of funds expected to be held in his or her custody, and with the sureties that the drainage board requires. The bond shall be conditioned in substantially the same form as the ordinary bond required from the county treasurer, with the necessary changes.History:  1987 a. 378; 1991 a. 316; 1993 a. 456.
WI Stat § 88.20 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.20 - Conflict of interest prohibited.

88.20  Conflict of interest prohibited. (1) No member of a drainage board shall be interested directly or indirectly:(a) In any contract with the drainage board; or(b) In any contract for work or materials in or for a drainage district; or(c) In any contract for the sale of machinery or materials for or to the drainage board; or(d) In the wages or supplies of persons employed on work in or for a drainage district. (2) No board member shall deal in securities of a drainage district.
WI Stat § 88.212 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.212 - Required actions for the drainage board.

88.212  Required actions for the drainage board. In addition to other powers expressly granted or necessarily implied, the drainage board shall: (1) Beginning in 2009, and every 3 years thereafter, provide written notice to every person who owns land that is located within the drainage district that such land is in the district. The notice shall also include contact information for every member of the drainage board. (2) Annually, provide contact information for every member of the drainage board to the state drainage engineer and to the clerk of every city, village, town, and county in which the drainage district is located. (3) Not later than November 1 of each year, provide the clerk of each taxation district in which the drainage district is located a list of every assessment issued by the drainage board from November 1 of the previous year to October 31 of the current year. The information shall specify the assessment amount for every parcel in the district. (4) If any portion of a drainage district that is a subject matter of a drainage board meeting is located in a city, village, or town, notify the city, village, or town of the date, time, and subject matter of the meeting. A notification under this subsection may be in an electronic format.History:  2007 a. 121; 2017 a. 115.
WI Stat § 88.215 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.215 - Landowner petitions.

88.215  Landowner petitions. The owners of land in a district may petition the drainage board to hold a district meeting. The petition shall be signed by at least 10 percent of the owners of land within the district or by the owners of at least 10 percent of the lands within the district. The drainage board shall either schedule a district meeting to be held within 60 days after receiving the petition or deny the petition, by issuing a published order, within 60 days after receiving the petition. The drainage board may deny the petition only on the grounds that it is unreasonable.History:  1993 a. 456.NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
WI Stat § 88.23 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 88 - Drainage of lands.|88.23 - Power of board to levy assessments for costs.

88.23  Power of board to levy assessments for costs. (1) In addition to the assessments for cost of construction authorized by s. 88.35, the board may issue orders to levy assessments for costs of maintenance and repair or for any other lawful expenditures of a drainage district. All of the assessments shall be apportioned on the confirmed benefits then in effect in the district assessed. (2r) The board may authorize one or more owners of land in a drainage district to prepare a proposed assessment for cost of construction or maintenance and repair. (3) Assessments made under this section are subject to ss. 88.40 to 88.43. In no case may the total assessments against any land exceed the benefits assessed against that land unless an interested person agrees to pay such excess and furnishes the drainage board with sufficient security for the excess benefits or unless the assessment is for the purpose of covering the cost of repair and maintenance as defined in s. 88.63. (4) The board may borrow money and issue notes or bonds based upon any assessments levied under this section in the same manner as for original assessments.History:  1971 c. 67; 1993 a. 456.