Wisconsin Code § 27.065

County parks and parkways
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(1) LAND ACQUISITION. (a) The county board of any county which shall have
adopted a county system of parks or a county system of streets
and parkways, pursuant to s. 27.04, may acquire the lands necessary for carrying out all or part of such plan by gift, purchase,
condemnation or otherwise; provided, however, that no lands
shall be acquired by condemnation unless and until the common
council of the city or the board of trustees of the village or the
board of supervisors of the town wherein such land is situated
shall consent thereto. The power of condemnation may not be
used for the purpose of establishing or extending a recreational
trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
346.02 (8) (a). The cost of acquiring such lands by purchase or
condemnation may be paid in whole or in part by the county or by
the property to be benefited thereby, as the county board shall direct but in no case shall the amount assessed to any parcel of real
estate exceed the benefits accruing thereto; provided, that no assessment for paying the cost of acquiring lands may be levied or
collected against the property to be benefited until the governing
body of the city, village or town where such lands are located has
by resolution determined that the public welfare will be promoted
thereby. Title to all lands acquired hereunder shall be an estate in
fee simple.
(b) Before instituting condemnation proceedings or purchasing lands to be paid for in whole or part by assessment of benefits,
the county board shall specify in general terms the land to be so
acquired and shall refer the same to the county park commission,
except that in counties with a county executive or county administrator, the referral shall be to the general manager. The commission or general manager shall thereafter make a report to the
county board, giving a particular description of each lot, parcel or
subdivision of land to be thus acquired, together with the opinion
and recommendations of the commission or general manager
upon the matter of acquiring such lands. Thereafter the county
board may, by resolution, determine whether or not such lands
shall be acquired by condemnation proceedings or otherwise.
(2) CONDEMNATION. (a) Whenever lands for a county system of parks or parkways are being condemned in accordance
with this section, ch. 32, relating to eminent domain with relation
to the acquisition of lands for streets, applies to the acquisition of
lands for streets and parkways by the county board, excepting that
in cases where the whole or any part of the cost of acquiring such
lands is to be paid by special assessments the board by resolution
may determine that such assessments may be paid in one or more
equal annual installments, together with a rate of interest upon
the unpaid principal, which interest shall not exceed 6 percent.
Any person whose lands are taken or against whose lands assessments for benefits or damage are made, may appeal from the
award of the commissioners to the circuit court of the county as
prescribed by s. 32.05 (11). If it appears to the condemnation

commissioners or to the court that the public interest will be
served by changing the boundaries or increasing or decreasing the
amount of land to be acquired, the court or commissioners may
so notify the county board, and the condemnation petition filed
by the board may be so altered, changed or amended by resolution
of the board. Notice may be given and new parties brought in as
provided in s. 32.14.
(b) When any assessment of benefits and damages is made in
condemnation proceedings the commissioners shall file a copy of
their final report in the office of the clerk of the circuit court of
the county and also with the county clerk. The county clerk shall
thereupon prepare a list of special taxes to be entered in the tax
roll on account thereof, which list shall have set opposite each description against which benefits not offset by damages or an excess of benefits over damages shall have been assessed, the
amount of such benefits or excess, which amount shall be levied
upon the land described as a special tax and be collected the same
as other taxes for county purposes. The amount thereof shall be
certified by the county clerk with other state and county taxes and
charges, to the clerks of the cities, towns or villages within which
the property is located, and the clerks of the respective cities,
towns or villages, at the time of making out the next tax roll, shall
levy the same on the land described as a special tax to be collected the same as other taxes. The first installment shall include
a proportionate part of the principal of the special assessment, together with interest on the whole assessment at the rate fixed by
the county board, from the date when the county shall have obtained the right to possession of the land condemned. Payment of
the amount of damages awarded to any owner by the commissioners shall be made to such owner regardless of benefits assessed against other lands of the same owner.
(c) The cost of condemnation shall be paid out of the general
or contingent county fund, except where a special fund therefor
shall have been provided.
(d) For the purpose of anticipating the collection of special assessments on account of such acquisition and after the assessments have been determined the county board may provide that
the amount thereof may be paid with certificates against the
parcels of real estate so benefited, or in special improvement
bonds, or from the proceeds of the sale of such bonds, or that payments may be made part in certificates, part in cash and part in
special improvement bonds, and the manner of issuing, the form
and content of such certificates and bonds shall be governed by
subs. (7) to (12) so far as applicable. The special assessment
bonds issued hereunder may contain a general description of the
lands against which assessments have been made to pay the cost
of acquisition.
(e) The county board may provide for the payment out of the
county treasury of all or any portion of the special assessments
theretofore levied pursuant to this section and not yet due, and in
such event shall, upon verified application, refund to the persons
who have made prepayment of such assessments the proportionate amounts of such prepayments.
(3) PARKWAYS AND STREETS, IMPROVE. The county board
may improve all or any portion of the county’s system of streets
and parkways by causing the same to be leveled, graded, paved or
improved in any other manner, and sidewalks, curbs or gutters or
either installed, cause water and sewer mains and laterals, and
lighting mains and fixtures, fences, bridges, culverts, viaducts
and flood control dams erected and constructed therein, and
cause the parkway portions thereof to be planted, seeded or sodded. The county board may establish the grade of all streets and
parkways in areas not already established and change and reestablish the same as it deems expedient. Whenever it shall change or
alter the permanently established grade of any street or parkway,
any person thereby sustaining damages to property owned on the
affected street shall have a right to recover the damages in the
manner set forth in this section. The grade of all streets and parkways shall be established and described and the adoption of such
grades and all alterations thereof shall be recorded by the county
clerk. No street or parkway shall be worked until the grade
thereof is established and recorded in the office of the county
clerk.
(4) EXPENSE OF IMPROVEMENT. (a) The expense of such
work or improvement may be paid in whole or in part by the
county or by the property to be benefited thereby, as the county
board shall direct, but in no case shall the amount assessed to any
parcel of real estate exceed the benefits accruing thereto by such
improvement, and in no case shall any benefits be assessed except
for grading, paving, sidewalk, curb, gutter, sewer or water mains
or laterals, and in no case shall any assessment be made upon the
real estate for any such work or improvement upon any established and existing road, street or highway until the governing
board of the city, village or town in which said road, street or
highway is located has by resolution determined that the public
welfare will be promoted by such work and improvement.
(b) Where sidewalks have been installed adjacent to private
property, s. 66.0907 shall govern in respect to keeping said sidewalks in repair and free from snow, ice and obstructions; provided that the county board shall have the powers in said section
vested in the common council, and the county highway committee shall have such powers as are in said section vested in the
board of public works, and the word “city” shall mean the county.
Where private homes are built upon lands abutting on any portion
of a parkway and such houses face the parkway drive and said
drive is the means of entrance to said lands, similar to any city
street, then the responsibility for maintaining the area between
the parkway drive and the private property lot line shall be that of
the abutting property owner.
(5) PRELIMINARY ESTIMATE; CONTRACT OR NONCONTRACT
WORK. (a) No such work or improvement shall be commenced
by the county board until the county park commission except in
counties with a county executive or county administrator, until
the general manager, has made a preliminary estimate of the cost
thereof and submitted the same, together with a proposed plan of
such improvement showing the character and extent of the same
to the county board. The county board may thereafter determine
the character and extent of the improvements to be made. Such
improvements may be made by contract or noncontract work as
the county board shall determine. All contracts awarded under
this paragraph shall be let by contract to the lowest responsible
and reliable bidder. When the work required or directed to be let
to the lowest responsible and reliable bidder, plans and specifications for the same containing a description of the work, materials
to be used and such other matters as will give an intelligent idea
of the work required, shall be prepared and filed with the county
clerk for the inspection of bidders, together with a form of contract and bond, with sureties required, and the same shall be furnished to all persons desiring to bid on the work. All contracts
shall be entered into in the name of the county and shall be executed and performed under the direction of the county board, except that in any county without a county executive or county administrator the county board may vest its county highway committee or the county park commission with authority to enter into
such contracts and to have charge of the performance thereof. In
any county without a county executive or county administrator,
the county highway commissioner, under the direction of the
county board, or the county highway committee or park commission, shall superintend such work.
(b) In any county with a county executive or a county administrator, the county board may vest the county highway commissioner or the county park manager with authority to enter into

contracts under par. (a) and to have charge of the performance
thereof.
(6) DETERMINATION OF BENEFITS AND DAMAGES; NOTICE.
(a) Before the county board shall change or alter any established
grade or order any work to be done in any county system of
streets or parkways at the expense in whole or in part of the real
estate to be benefited thereby, it shall order the county highway
commissioner to view the premises and determine the damages
and benefits which will accrue to each parcel of real estate affected by such change or alteration of grade, the entire cost of the
contemplated work or the improvement upon the street or parkway, the benefits and damages that will accrue to the several
parcels of real estate thereby, and the amount that should be assessed to each parcel of real estate as benefits accruing thereto by
such contemplated work or improvement.
(b) The county highway commissioner shall make and file in
the office of the county clerk and in the commissioner’s own office duplicate reports showing the determinations required to be
made by the commissioner under par. (a).
(c) Notice shall be given by the county clerk that such report
is on file and open for review at this office, and will be so continued for the space of 10 days after the date of such notice, and that
on a day named therein, which shall not be more than 3 days after
the expiration of said 10 days, the county highway commissioner
or such committee of the county board as may be appointed by
resolution therefor will be present and will hear all objections that
may be made to such report.
(d) Such notice shall be published as a class 2 notice, under
ch. 985.
(e) No irregularity in the form of such report nor of said notice shall affect its validity if it fairly contains the information required to be conveyed thereby.
(f) At the time specified for hearing objections to said report,
the county highway commissioner or the committee shall hear all
parties interested, who appear for that purpose, reduce to writing
all objections that may be made and all evidence that may be offered to sustain the same, and may review, modify and correct
said report as they deem just, and thereupon a complete final report shall be made and filed by the county highway commissioner
or the committee with the county clerk, together with all objections and evidence taken to sustain the same, and the proof of
publication of said notice, as above specified, which shall be received in all cases as presumptive evidence of the facts therein
stated.
(g) No irregularity in the form of said report or manner of
conducting the proceedings or in the proof of publication shall affect the legality of said report, unless it appears that the owners of
the property affected by the proceedings were clearly misled by
such irregularity and have not had an opportunity to be heard. At
such hearing the county highway commissioner or any member
of the committee may administer oaths as necessary when conducting such hearing.
(h) The county clerk shall publish as a class 2 notice, under
ch. 985, that said report is on file in the county clerk’s office and
that the county board will, at a meeting to be held at the time
stated in the notice, consider said report and hear all objections
that may be made thereto, and determine what proportion of the
cost of the improvement, if any, shall be paid by the county. The
county board may at such meeting confirm or correct such report
or refer it back to the county highway commissioner or to its committee for further consideration.
(i) Subject to the limitations hereinbefore mentioned the
county board may determine the amount to be paid by the real estate as benefits on account of improvements of a street or parkway and the amount that should be paid by the county.
(j) When the final determination has been reached by the
county board, the county clerk shall publish as a class 2 notice,
under ch. 985, that a final determination has been made as to the
damages that will accrue to the real estate because of the change
of an established grade or the benefits and damages to be assessed to the real estate in case of the proposed improvement.
(k) The owner of any parcel of land affected by the county
board’s final determination as to damages who feels aggrieved
thereby, may within 20 days after the date of the final determination appeal therefrom to the circuit court of the county in which
the affected property is located, by causing a written notice of appeal to be served upon the county clerk, and by executing a bond
to the county in the sum of $50, with 2 sureties, to be approved by
the county clerk, and conditioned for the faithful prosecution of
the appeal, and the payment of all costs that may be adjudged
against the owner. The county clerk, in case such appeal is taken,
shall file a brief statement of the proceedings had in the matter
before the county board with its decision thereon, and shall transmit the same with all the papers in the matter to the clerk of the
circuit court. Such appeal shall be tried and determined in the
same manner as cases originally commenced in the circuit court;
if the claimant recovers a greater sum than the claimant was allowed by the county board the claimant shall recover costs, otherwise the county shall recover costs. No appeal shall affect or delay the proceedings for making the improvement or any contract
which may be entered into therefor, but a certificate or improvement bond, as the case may be, against the lot or parcel of real estate in question, for the amount of benefits assessed to that lot,
shall be issued notwithstanding such appeal, and in case the appellant shall succeed, the difference between the amount charged
in the certificate or bond so issued and the amount adjudged to be
paid as benefits accruing to the parcel of real estate described in
the certificate or bond shall be paid by the county.
(L) The appeal given by par. (k) from the report of the county
highway commissioner or committee of the county board, as confirmed by the county board, shall be the only remedy of the
owner of any parcel of land or any person interested therein, for
the redress of any grievance the person may have by the making
of such improvement, or of the change of any established grade
covered by said report, or of any assessment or tax levied on account thereof.
(7) PAYMENT; CERTIFICATES, BONDS. (a) When under a plan
for a county system of streets and parkways adopted by the
county board pursuant to s. 27.04, any improvement is made and
the cost is in whole or in part chargeable to the real estate to be
benefited thereby, the county board may provide that the amount
so charged may be paid with certificates against the parcels of
real estate so benefited, or in special improvement bonds, or from
the proceeds of the sale of such bonds, or that payments may be
made part in certificates, part in cash, and part in special improvement bonds.
(b) Such certificates or bonds shall be in such form and bear
such interest not exceeding 6 percent per year as the county board
may prescribe, shall be executed as provided in s. 67.08 (1) and
may be registered under s. 67.09. They may be made payable to
the bearer with interest coupons attached, and the county board
may bind the county to make good deficiencies in the collection
up to but not exceeding the principal and interest, at the rate
fixed, and for the time specified, upon such terms and conditions
as the county board may prescribe. If the county board makes
good any such deficiencies the county shall become the owner of
the certificate or bond and shall succeed to all the rights of such
owner in addition to all other rights of the county provided by law
in cases of delinquent taxes on lands.
(8) CERTIFICATES. Whenever any work or improvement
chargeable in whole or in part to the property specially benefited

has been completed and the same approved by the county board,
the contractor or the county shall be entitled to the certificate
therefor as to each parcel of land against which benefits shall have
been assessed for the amount chargeable thereto. After the expiration of 9 months from the date of said certificate the same shall
be conclusive evidence of the legality of all proceedings up to and
inclusive of the issue thereof and it may be transferred by endorsement; provided, however, that this provision shall not affect
any appeal from the final determination by the county board. If
said certificates are not paid before October 15 in the year in
which they are issued, the same may on or before the first day of
November in each year, be filed with the county clerk, whose
statement of special assessments which shall be paid in the next
tax shall include an amount sufficient to pay said certificate with
interest thereon at the rate provided in said certificate to the time
when the county clerk is required to make return of delinquent
taxes, and thereafter the same proceedings shall be had as in case
of other taxes.
(9) COUNTY IMPROVEMENT NOTICE; BONDS. (a) As soon as
the amount chargeable to the real estate under this section is finally determined, the county board shall cause a notice to be published as a class 1 notice, under ch. 985, in substantially the following form:
COUNTY IMPROVEMENT NOTICE.
Notice is hereby given that under the plan for the county parkway system adopted by the county board, a contract has been (or
is about to be) let (or noncontract work be done) for .... (describe
the work and location), and that the expense of said improvement
chargeable to the real estate has been determined as to each parcel
of said real estate, and a statement of the same is on file with the
county clerk. It is proposed to issue bonds chargeable only to the
real estate to pay the special assessments, and such bonds will be
issued covering all of said assessments, except in cases where the
owners of the property file with the county clerk, within 30 days
after the date hereof, a written notice that they elect to pay the
special assessments or a part thereof on their property, describing
the same, on presentation of the certificates.
(b) After the expiration of said 30 days the county board may
issue special improvement bonds covering all of the assessments
except such as the owners have filed notices of election to pay as
provided in this section. These bonds shall be executed as provided in s. 67.08 (1) and shall include a statement that they are
chargeable to particular property, specifying against which
parcels assessments have been made to pay the cost of improvement. This statement need not set forth the particular description
of the property at length but shall be sufficient if it contains a reference to the record of such description in the office of the register of deeds of the county, and such particular description of all
lands covered by said assessments shall be recorded in the office
of the register of deeds of the county wherein said lands are situated in addition to being filed in the office of the county clerk.
(c) Said bonds may be annual or semiannual interest coupon
bonds or bonds that are registered under s. 67.09 without interest
coupons, as the county board may direct, the total issue in each
case shall be payable in annual installments for a period not exceeding 10 years from the date of issue, and shall draw interest at
a rate not exceeding 6 percent per year, interest payable annually
or semiannually, as the county board may direct; such bonds may
be of such denomination as the county board shall determine and
shall be sold at not less than par. The proceeds of the sale of such
bonds shall be credited by the county treasurer to the special fund
for the improvement of such streets or parkways, and may be paid
to the contractor for such work when payment is due and the
county board shall so direct, or the contractor may take such
bonds as payment for work done with the permission of the
county board.
(d) The county clerk shall carefully prepare a statement of the
special assessments on which the bonds were issued, and record
the same, together with a copy of said bonds, in the clerk’s office.
(e) The county treasurer shall, out of the special fund hereby
created for that purpose, pay the interest on and the principal of
said bonds, as the same become due and charge the same to said
fund.
(f) In each year after the issuing of said bonds, until all of
them are paid, the county clerk, in the clerk’s certification of the
state and county tax and charges to the clerks of the cities, towns
or villages wherein the land covered by said bonds is located,
shall include sufficient of the special assessment on each such
parcel of land to pay the annual installment of the principal and
interest of said special assessment, and this amount shall be extended on the tax roll for the year as a special tax on such property. Thereafter this tax shall be treated in all respects as any
other county tax, and when collected the same shall be a special
fund for the payment of such bonds and interest, and shall be used
for no other purpose. The county treasurer shall, out of this special fund, pay the interest on and the principal of said bonds. Any
bondholder or bondholders may redeem from any tax certificate,
as fully as if owners of the land, under s. 75.01.
(g) The county may advance or pay any funds required under
this section or may purchase any such bonds and shall in such
case be entitled to all the rights of any 3rd person in connection
therewith, including the right to sell or otherwise dispose of such
bonds.
(h) Except as otherwise provided herein or inconsistent herewith, s. 66.0713 shall apply to certificates and bonds issued
hereunder.
(10) LIEN, FORECLOSURE. (a) The special improvement
bonds herein mentioned shall be equal liens against all lots, parts
of lots or parcels of land against which special assessments have
been made, without priority one over another, which liens shall
take precedence of all other claims or liens thereon, except a lien
under s. 292.31 (8) (i) or 292.81, and when issued shall transfer to
the holders thereof all the right, title and interest of such county
in and to the assessment made on account of the improvement
mentioned therein and the liens thereby created, with full power
to enforce the collection thereof by foreclosure in the manner
mortgages on real estate are foreclosed. The time of redemption
therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed as a part of the judgment roll in said action in
lieu of the original thereof.
(b) If within 90 days after the issuance of a tax certificate under s. 74.57, the amount to pay any installment of principal or interest shall not have been collected, the owner or owners of at
least one-third in par value of the bonds issued on any single improvement may proceed in the name of that owner or names of
those owners to collect the same by foreclosure thereof, and shall
recover, in addition to the amount of said bonds and interest, all
costs against the property of the party or parties in default.
(c) The owner of any property covered by such bonds, or the
holder of a lien thereon or other person interested in the property,
may redeem the same at any time before judgment by paying to
the county clerk the amount due against such property, together
with 10 percent additional thereon, which shall be in full for all
costs chargeable to such property in such action.
(d) Any number of the holders of such bonds for any single
improvement may join as plaintiffs in any such action, and any
number of the owners of or other persons interested in the property covered by the assessment upon which such bonds are issued
and on which they are a lien may be joined as defendants in any
such action, and in case more than one action of foreclosure shall
be commenced upon the bonds issued on account of a single im-

provement such actions may be consolidated. Any holders of
bonds for the same improvement who do not join as plaintiffs
may be made defendants and their rights adjudicated in the
action.
(e) Upon the commencement of any such action the plaintiff
shall cause a notice thereof to be filed in the office of the county
clerk and county treasurer, designating the particular property affected by such foreclosure; and thereafter no redemption of any
such property from such assessments shall be had without payment of all costs theretofore accrued in such action except as
hereinbefore provided.
(11) LIMITATION ON ACTION TO RESTRAIN TAX LEVY. Every
action or proceeding to avoid any of the special assessments or
taxes levied pursuant to the same, or to restrain the levy of such
taxes, or the inclusion of lands in a tax certificate for the nonpayment of such taxes, shall be brought within 9 months from the
end of the period of 30 days limited by the county improvement
notice provided for in this section and not thereafter. This limitation shall cure all defects in the proceedings, and defects of power
on the part of the officers making the assessment, except in cases
where the lands are not liable to the assessment, or the county has
no power to make any such assessment, or the amount of the assessment has been paid or a redemption made.
(12) ACTIONS AT LAW. (a) If in any action at law for the recovery of damages arising from a failure to make a proper assessment of benefits and damages, or failure to observe any provisions of law, or because of any act or defect in any proceeding in
which benefits and damages are assessed, and in any action to set
aside any special assessment against property for any purpose, or
to set aside any special assessment certificate, special improvement bond or tax certificate based upon such special assessment,
the court determines that such assessment is invalid by reason of
a defective assessment of benefits and damages, or for any cause,
it shall stay all proceedings in such action until a new assessment
thereof is made as provided hereinafter; thereupon the proper
county authorities shall proceed forthwith to make a new assessment of benefits and damages against the property of the plaintiff
as required by law in the case of the original assessment, and the
plaintiff shall have the same right to appeal from the new assessment as the plaintiff or the plaintiff’s grantors would have had
from the original assessment. If the validity of the new assessment is contested by the plaintiff, the court shall summarily try
the matter and file an order sustaining or overruling the objection
of the plaintiff. If the new assessments are held invalid, subsequent assessments may be made in like manner and similar proceedings resorted to, to determine the validity of such assessments. When the amount to be assessed against the plaintiff’s
property is finally determined by an assessment of benefits and
damages, which the court holds to be valid, or when an appeal is
taken, the court shall make an order, requiring the plaintiff to pay
into the court for the benefit of the parties entitled thereto, the
amount which should be justly assessed against the property in
question; upon compliance with said order, judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply
with such order the action shall be dismissed with costs.
(b) Where, in any action mentioned in par. (a), a new assessment has been made which is valid so far as the regularity of the
proceedings is concerned, but wherein the plaintiff may feel aggrieved by reason of the amount assessed for benefits and damages, such court shall upon the verified petition of the plaintiff,
after notice of not less than 10 days, proceed with the hearing of
said cause. It shall not be necessary for the plaintiff in any such
action to appeal from such assessment of benefits and damages,
but the court may proceed with the hearing and determination of
the proper amount thereof, and render final judgment between
the parties.
(c) If any special improvement bonds issued pursuant to this
section are held invalid, the county board may, as soon as the
amount chargeable to the property benefited is finally determined
by a new assessment, issue new special improvement bonds in
lieu of such original bonds, to the holder thereof upon surrender
of the same, for the amount of such new assessment remaining
unpaid. Such new special improvement bonds shall be issued, enforced and collected in the manner prescribed in sub. (9). The excess in amount of such invalid special improvement bonds, if any,
over such new bonds shall be paid by the county.
(13) APPORTIONMENT OF ASSESSMENT ON LAND DIVISION.
(a) Whenever in any proceeding under this section, whether for
acquisition of land or improvement thereof, any tract of land
which at the time of filing of the final assessment of benefits and
damages is in one ownership and such tract or any portion thereof
shall thereafter be divided or subdivided into 2 or more lots or
parcels, either by recorded and filed plat or by conveyance duly
recorded, and the special assessment of benefits against the original tract shall be outstanding, in installments or otherwise, the
county highway committee, after notice and hearing as hereinafter provided, on verified written request of the owner of such
original tract or the owner of any portion thereof shall apportion
said assessment of benefits among the several lots or parcels into
which the original tract or any portion thereof is divided or
subdivided.
(b) Upon receipt of any such verified written request the
county highway committee forthwith shall set a time and place
for hearing such request for an apportionment of said original assessment. Notice in writing of the time, place and nature of such
hearing shall be sent by such committee, by registered mail, to the
last-known address of each of the owners of any lot or parcel of
land affected or to be affected by the requested apportionment, at
least 10 days prior to the time set for such hearing. Such apportionment shall be made in an equitable manner so as to be consistent in method with the intent and purpose of the original assessment. The highway committee may engage the services of a disinterested and qualified real estate appraiser to assist the committee in making said apportionment and the owner making such
written request shall pay a reasonable fee for the services of the
appraiser in the amount fixed by the highway committee. The
sum of the assessments apportioned to the several lots or parcels
created from the original tract or any portion thereof shall not exceed the unpaid amount of the original assessment. The determination of said highway committee shall be final, unless, within 20
days after the filing of a certified copy of such determination with
the clerk of the municipality wherein such land is situated, as
hereinafter provided, the owner or owners of any lot or parcel of
land affected by such determination shall commence an action in
the circuit court of the county wherein such land is situated to set
aside such determination. In any such action the owner or owners
of any land affected by such determination and the county highway committee shall be named as parties defendant and the court
may adjudicate an apportionment of the original assessment of
benefits among the several lots or parcels into which said original
tract or any portion thereof is divided or subdivided.
(c) Upon the making of any determination apportioning any
such assessment under this subsection, the county highway committee shall file a certified copy of the assessment with the
county clerk of the county in which the land affected by the determination is situated. A copy of the county highway committee’s
determination apportioning any such assessment, certified by the
chairperson of the committee or by the county clerk, may be
recorded in the office of the register of deeds of the county in the
same manner as conveyances of land. Within 10 days after the
making of any such apportionment by the county highway committee, the county clerk shall file a certified copy of the appor-

tionment with the clerk of the municipality in which the land is
situated. Thereafter, the assessment as so apportioned shall be
levied against each lot or parcel created by division of the original
parcel or any portion thereof until the full amount of the apportioned assessment and interest thereon has been paid with the
same force and effect as though the apportioned assessment had
been levied against the lot or parcel when the original assessment
was made. The lot or parcel shall be considered to be relieved
from the lien of the original assessment except as to the amount
of the assessment apportioned to the lot or parcel as provided in
this subsection.
(14) IMPROVED STREETS UNDER SUPERVISION OF COMMISSION. The system of streets and parkways acquired or improved
hereunder shall thereafter be under the charge and supervision of
and shall be maintained by the county park commission except in
counties with a county executive or county administrator, by the
general manager.
(15) CHANGE IN RESTRICTED USE OF LAND. Whenever any
regulation, declared by law to be for public health, safety and welfare, shall have been or shall be made affecting the use of any lot
or parcel of land against which a special assessment, or apportionment thereof, shall have been or shall be made under this section, any amendment, change or repeal of any such regulation to
permit a less restricted use of any such lot or parcel of land shall
require a three-fourths vote of the body authorized by law to
make such amendment, change or repeal. No such amendment,
change or repeal shall be effective unless, prior to the adoption
thereof, notice by registered mail of the time and place of hearing
on any such proposal shall have been given to the county park
commission except in counties with a county executive or a
county administrator, to the general manager, by the body authorized by law to make such amendment, change or repeal at least
10 days before the time set for any such hearing.

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