Alteration of Street Grade.
Milwaukee City Charter § 11-10
in effect11-10. Alteration of Street Grade.
In all cases in which the grade of any street has been permanently established by ordinance since Feb. 20, 1852, or shall hereafter be so established, and, after such permanent establishment thereof, and after such street shall have been actually graded to such established grade, the grade so established has been or shall be altered by the city, the owner of any lot or parcel of land which may be affected or injured in consequence of such alteration of grade shall be entitled to compensation therefor; and it shall be the duty of the commissioner of public works, before ordering to be done the work of actually changing such established grade by excavating or filling such street to the new grade as so altered, and at the time of making his assessment of benefits as provided in s. 11-09, to consider, determine and assess against the lots which he may deem benefited by the proposed improvement, to the amount of such benefits, the damages, costs and charges, including the cost of such improvement -- arising from such alteration of grade to the owner of any lot, parcel of land or tenement, which may be affected or injured in consequence thereof, taking into consideration in each case any advantages and benefits which may be conferred thereby upon such lot, parcel of land or tenement, in common with other property on the street affected by such grade; and the excess of the said damages, costs and charges over the benefits assessed as provided in s. 11-09, shall be paid out of the fund appropriated for such purpose; provided, that no owner of any lot, parcel of land or tenement, who shall personally or by his authorized agent have signed a petition asking for such alteration of grade, or a petition asking for the grading of a street in conformity with such altered grade, shall be entitled to compensation, but every such owner shall be deemed thereby to have waived and relinquished all claim to compensation for any injury in consequence thereof; and no damages, costs or charges arising to such owner from such alteration of grade, shall be assessed or paid to such owner. (S. 10, Ch. Ord. 326, File #62-2554-e, Nov. 29, 1966.)
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/City-Charter/CH11.pdf#page=8Fetched: 10/26/2026