LRB-2736/1
MES:jld:rs
2007 - 2008 LEGISLATURE
July 18, 2007 - Introduced by Joint Legislative Council. Referred to Committee
on Environment and Natural Resources.
SB236,1,2
1An Act to amend 88.21 (12) of the statutes;
relating to: creating a presumption
2of reasonableness for certain drainage board orders.
Analysis by the Legislative Reference Bureau
Under current law, a drainage board is authorized to adopt rules and issue
orders related to the functioning of a drainage district.
This bill requires a hearing examiner or circuit court hearing a challenge to an
order issued by a drainage board, requiring the repair or maintenance of a drain, to
presume that the order is reasonable.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB236, s. 1
3Section
1. 88.21 (12) of the statutes is amended to read:
SB236,2,34
88.21
(12) Adopt rules and issue orders, which shall be published as a class 1
5notice under ch. 985. In addition, any order that pertains to a specific named person
6or property shall be served on the person or owner of the property in the manner
7provided for service of a summons under s. 801.11.
If an order of the drainage board
8requiring the repair or maintenance of a drain is challenged, the hearing officer or
1circuit court hearing the challenge shall presume that the order is reasonable. The
2court has jurisdiction to enforce an order of the drainage board by injunctive or other
3appropriate relief.
SB236,2,65
(1) This act first applies to an order issued by a drainage board on the effective
6date of this subsection.
