85.09(2)
(2) First right of acquisition. 85.09(2)(a)(a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges and the like located thereon, which has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the university of Wisconsin system, any county or municipality or any transit commission. Acquisition by the department of transportation may be by gift, purchase or condemnation in accordance with the procedure under
s. 32.05. In addition to its property management authority under
s. 85.15, the department of transportation may lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. In exercising its property management authority, the department of transportation, to the greatest extent practicable, shall encourage and utilize the Wisconsin conservation corps for appropriate projects. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.
85.09(2)(b)
(b) The first right of acquisition under this subsection applies only to the following property:
85.09(2)(b)1.
1. In unincorporated areas, any land measured 50 feet from the center line of each outermost track bed and any land between such tracks.
85.09(2)(b)2.
2. In incorporated areas, any land measured 33 feet from the center line of each outermost track bed and any land between such tracks.
85.09(2)(b)3.
3. Any property not included in
subds. 1. and
2. that consists of a loading or unloading facility, a vehicular access facility, or a building that is, in the department's judgment, suitable for a freight or rail passenger station.
85.09(3)
(3) Determination of abandonment. For purposes of this section, rail property shall be deemed abandoned if
par. (a) or
(b) applies:
85.09(3)(a)
(a) A certificate or approval of abandonment has been issued by the interstate commerce commission or federal court or any other federal or state agency having jurisdiction over the rail property.
85.09(3)(b)
(b) A certificate or approval of abandonment is not required and the use of the rail property for railroad or railway purposes has been discontinued with the intent not to resume. Intent not to resume may be inferred from circumstances including, but not limited to, the following:
85.09(3)(b)1.
1. If the rail property is not used for railroad purposes for 2 consecutive years.
85.09(3)(b)2.
2. If the facilities on the rail property are removed or rendered unfit for service.
85.09(3)(b)3.
3. If the rail property is used for other than railroad purposes.
85.09(4)
(4) Acquisition and conveyance. Upon its own initiative, the department may determine at any time whether the rail property is abandoned, and whether it is in the best interest of the state to acquire the rail property. Within 90 days after being requested by any state agency, any railroad or any county or municipality in which the rail property is located, the department shall, subject to
sub. (5) (b), make a determination of the abandonment status and, if found to be abandoned, shall determine whether it is in the best interest of the public to acquire the rail property. If it is determined to acquire the rail property or any part or interest therein, the department shall, within 180 days of the determination of its abandoned status, or the interstate commerce commission's final order permitting the abandonment, or the termination of any efforts to negotiate an agreement for continual operation of rail service on the line, whichever occurs last, determine the fair market value of the rail property and acquire the rail property at a price deemed reasonable by the department or make a relocation order under
s. 32.05. In making its determination, the department shall consider long-range potential for use of the rail property for restoration of railroad service and for other transportation related purposes. The department shall solicit the opinions of appropriate state agencies, affected counties and municipalities and other interested persons. The department shall give due consideration to an expressed desire by a state agency or an affected county or municipality to acquire, in whole or in part, the rail property under consideration. Subject to
sub. (6), all or part of any interest in abandoned rail property acquired by the department under this section or under s.
66.941 (7), 1975 stats., may be subsequently conveyed to another state agency or a county or municipality for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or to a railroad for continued railroad transportation operations when the railroad has operated on the rail property for 5 years and the department may make such conveyances for such purposes. Any determination of the department under this section that rail property is not abandoned shall not preclude the undertaking of a subsequent investigation and determination concerning the same rail property or any portion thereof. If at any time subsequent to the acquisition of rail property under this section the department determines that the rail property is not suitable for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or that the rail property or any interest therein may be conveyed to any other person on terms which are not inconsistent with the potential use of the rail property for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution or which yield a benefit, including financial benefits, to the state which outweighs the benefit derived from the rail property if used for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, the department may convey the rail property or such interest therein, subject to
sub. (6). The department shall give notice of its intention to make the conveyance, and state and local units of government shall have the first 6 months in which to exercise their opportunity to acquire the rail property or interest therein. The railroad from which the rail property was acquired shall have the next 6 months in which to exercise its opportunity to reacquire the rail property or interest therein.
85.09(4i)
(4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under
sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under
s. 16.375 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under
s. 20.395 (2) (bq).
85.09(4m)
(4m) Relocation plan. The department is exempt from
s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in
s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of commerce.
85.09(5)
(5) Duties of railroads and others. 85.09(5)(a)(a) Any railroad which places a rail line or portion of a line on a system diagram map shall within 60 days of such action provide to the department one legible copy of each map in the railroad's possession which shows rail property boundaries or engineering stations for the line involved. At the same time the railroad shall provide to the department all other pertinent information in its possession requested by the department relating to the title to the rail property covered by the line involved. The department shall determine the reasonable cost to the railroad of providing documents and information under this paragraph and shall reimburse the railroad in this amount. Any conveyance by the railroad made without providing the information required by this paragraph is void.
85.09(5)(b)
(b) Any state agency, railroad, county or municipality which requests the department to make a determination of abandonment status and public interest in acquisition of rail property under
sub. (4) shall provide a formal legal description of the rail property which is the subject of the request. The department may decline to take action on requests which do not contain an adequate description of the rail property involved. When the department provides a release of its first right to acquire rail property, the state agency, railroad, county or municipality which receives the release shall within 90 days have the release recorded by the register of deeds for each county in which the rail property is located.
85.09(6)
(6) State rights subordinate to federal law. To the extent that the first or subsequent rights of acquisition under this section conflict with rights conferred by
49 USC 10905 (f) (4) or
10910 (h), the rights conferred by this section are subordinate to such federal rights and shall take effect only when consistent with
49 USC 10905 (f) (4) and
10910 (h).
85.09(7)
(7) Rules. The department may adopt such rules as it deems necessary to accomplish the purposes of this section.
85.095
85.095
Harbor assistance program. 85.095(1)(a)
(a) "Eligible applicant" means a county, municipality, town or agency thereof or a board of harbor commissioners organized under
s. 30.37.
85.095(1)(b)
(b) "Harbor improvements" means any dock wall repair and maintenance, construction of new dock walls, dredging of materials from a harbor or the placement of dredged materials in containment facilities.
85.095(2)
(2) Administration. The department, in consultation with the Wisconsin coastal management council created under
s. 14.019, shall administer the harbor assistance program and shall have the following powers:
85.095(2)(a)
(a) To make grants for the purpose of reimbursing eligible applicants for moneys expended to make harbor improvements and to fund other harbor assistance and improvement projects. The amount of a grant may not exceed 80% of the moneys expended by the eligible applicant for harbor improvements.
85.095(2)(b)
(b) To establish criteria for evaluating applications for harbor assistance grants in order to provide for the disbursement of grants. In establishing these criteria, the department shall consult with the department of commerce and shall give priority to applicants based on the amount of tonnage and waterborne transportation handled in the harbor.
85.095(2)(c)
(c) To receive and review applications for grants under this section and to prescribe the form, nature and extent of the information which shall be contained in the applications.
85.095(2)(d)
(d) To direct, with the approval of the governor, that state debt subject to the limitations in
s. 20.866 (2) (uv) be contracted in accordance with
ch. 18 to fund harbor improvements and other harbor assistance and improvement projects.
85.095(3)(a)(a) Except as provided in
par. (c), no grant may be made under this section unless the eligible applicant submits information to the department regarding harbor projects for which the eligible applicant may request state aid under this section or federal aid, or both, during the next 3-year period. The information shall be submitted prior to the April 1 which precedes the fiscal year in which the eligible applicant seeks aid under this section.
85.095(3)(b)
(b) The department shall, by rule, establish the starting date of each 3-year period and the form, nature and extent of the notice required under
par. (a).
85.095(3)(c)
(c) The department may waive the requirements under this subsection.
85.095(4)
(4) Harbor improvements on Mississippi river. An eligible applicant may receive a grant under this section for harbor improvements located on an island in the Mississippi River regardless of the state in which the island is located if the island is owned by a city, village, town or county in this state.
85.10
85.10
Sale of aerial photographic survey products. The department may sell to any person the selection of photographic products from the aerial photographic survey conducted under
s. 23.325. The department may retain an amount equal to the costs that it incurs in selling and reproducing the photographic products.
85.107
85.107
Minority civil engineer scholarship and loan repayment incentive grant program. 85.107(1)
(1)
Purpose. The minority civil engineer scholarship and loan repayment incentive grant program is created to assist in improving the representation of minorities among employes of the department who are classified as civil engineers.
85.107(2)
(2) Definition. In this section, "minority" has the meaning specified for "minority group member" under
s. 560.036 (1) (f).
85.107(3)(a)
(a) Award scholarships to resident minority students enrolled fulltime and registered as sophomores, juniors or seniors in a civil engineering bachelor of science program offered by an accredited institution of higher education in this state. Scholarships under this paragraph shall not exceed the following amounts:
85.107(3)(b)1.1. Make loan repayment grants to minority civil engineers who are employed by the department and have education loans outstanding. Subject to
subd. 2., loan repayment grants under this subdivision shall not exceed the following amounts:
85.107(3)(b)1.b.
b. After 2 years of employment by the department, an additional $1,200.
85.107(3)(b)1.c.
c. After 3 years of employment by the department, an additional $1,700.
85.107(3)(b)1.d.
d. After 4 years of employment by the department, an additional $2,100.
85.107(3)(b)2.
2. The total amount of loan repayment grants under this paragraph made to an employe shall not exceed the amount of the employe's education loans outstanding.
85.107(4)
(4) Rule making. The department shall promulgate rules to implement and administer this section.
85.107 History
History: 1987 a. 27.
85.12
85.12
Statewide public safety radio management program. 85.12(1)(1) The department shall administer a statewide public safety radio management program. From the appropriations under
s. 20.395 (5) (dk) and
(dq), the department may provide statewide tower site management, public safety frequency management, public safety database administration and planning services related to statewide public safety radio management.
85.12(2)
(2) The department shall maintain any existing communications equipment at state patrol towers and stations that is used by emergency medical services programs under
s. 146.55 unless the cost of maintaining the equipment exceeds the benefits that will result from such maintenance.
85.12 History
History: 1993 a. 16.
85.13
85.13
Cost of traffic violation and registration program. The department shall develop a system for charging local units of government or other authority as defined in
s. 345.28 (1) (a) for the cost of the development and operation of the traffic violation and registration program under
ss. 341.08 (4m),
341.10 (7) and
(7m),
341.63 (1) (c),
345.28 (4) and
345.47 (1) (d) based on the number of transactions processed by the local unit of government or other authority. No notices under
s. 345.28 (4) submitted by an authority or under
s. 345.47 (1) (d) submitted by the court may be processed by the department unless the local unit of government or other authority involved has paid the department the appropriate amount determined by the department under this section.
85.14
85.14
Payments of fees and deposits by credit card. 85.14(1)(a)(a) The department may accept payment by credit card of a fee that is required to be paid to the department under
ch. 194,
218,
341,
342,
343 or
348.The department shall determine which fees may be paid by credit card and the manner in which the payments may be made.
85.14(1)(b)
(b) Except for charges associated with a contract under
par. (c), the department shall pay to the state treasurer the amount of charges associated with the use of credit cards under
par. (a) that are assessed to the department.
85.14(1)(c)
(c) The department may contract for services relating to the payment of fees by credit cards under this subsection. Any charges associated with a contract under this paragraph shall be paid from the appropriations under
s. 20.395 (5) (cg) and
(cq).
85.14(2)
(2) The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under
s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer shall pay the charges from moneys under
s. 59.25 (3) (j) and
(k) that are reserved for payment of the charges under
s. 14.58 (21).
85.15
85.15
Property management. The department may improve, use, maintain or lease any property acquired for highway, airport or any other transportation purpose until the property is actually needed for any such purpose and may permit use of the property for purposes and upon such terms and conditions as the department deems in the public interest.
85.15 History
History: 1977 c. 29;
1991 a. 269.
85.16
85.16
Department rules and forms. 85.16(1)
(1) The secretary may make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department. The secretary may also prescribe forms for applications, notices and reports required by law to be made to the department or which are deemed necessary to the efficient discharge of all powers, duties and functions and prescribe the form and manner in which those applications, notices and reports may be filed or submitted.
85.16(2)
(2) Any person violating an order, determination or rule adopted under
chs. 84 to
86,
110,
114,
218 and
341 to
349 and not subject to another statutory penalty shall be required to forfeit not less than $20 nor more than $400.
85.16 History
History: 1983 a. 175 ss.
1,
3;
1983 a. 538;
1989 a. 31.
85.17
85.17
Storage of highway salt. 85.17(1)
(1)
Definitions. In this section:
85.17(1)(a)
(a) "Highway salt" means bulk quantities of a chloride intended for application to highways during winter months, and includes mixtures in any proportion of sand and chlorides.
85.17(2)
(2) Storage of highway salt. Every person who stores highway salt shall comply with the standards adopted under
sub. (3).
85.17(3)
(3) Standards. The department shall adopt by rule standards for the storage of highway salt for the purpose of protecting the waters of the state from harm due to contamination by dissolved chlorides. The rule shall comply with
ch. 160. The rule may include different standards for various types of chlorides, or for mixtures of sand and chlorides. The rule may not require the storage of mixtures of sand and chlorides in a building or structure. The rule may include different standards for various storage facilities and conditions, quantities of highway salt and times during the year when salt is stored. All standards under this section shall provide substantially similar protection for the waters of the state.
85.17(4)
(4) Information. The department may collect and publish information relating to this section and distribute it to municipalities and persons subject to this section.
85.17(5)(a)(a) The department shall enforce this section.
85.17(5)(b)
(b) The department may enter and inspect, during regular business hours, places where highway salt is stored on private or public property.
85.17(5)(c)
(c) The department shall conduct periodic inspections, at least once annually, of each location where highway salt is stored, to ascertain compliance with this section.
85.17(5)(d)
(d) The department shall issue special orders directing and requiring compliance with the rules and standards of the department adopted under this section whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
85.17(5)(e)
(e) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.
85.17(6)
(6) Penalty. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day that a violation continues is a separate offense.
85.17 History
History: 1983 a. 410; Stats. 1983 s. 85.16;
1983 a. 538 s.
118; Stats. 1983 s. 85.17;
1995 a. 227.
