192.53(4)(b)
(b) The office shall make the findings described in
par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and only after public hearing. The office's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in the construction or reconstruction. The structure shall be constructed or reconstructed only in compliance with the office's order.
192.53(5)(a)(a) Except as otherwise provided in this section and subject to the power of the office to make exceptions to this section in a manner similar to the power given it in
sub. (4), no railroad or shipper may do any of the following:
192.53(5)(a)1.
1. Place or construct, within 8 feet 6 inches of the center line of any railroad track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack fences and signals and other necessary interlocking mechanisms
192.53(5)(a)2.
2. Permit,within 8 feet 6 inches of the center line of any railroad track, the accumulation of any rubbish, waste or material of any sort, except material used for repair or construction work by the railroad company.
192.53(5)(b)
(b) The intent of this subsection is to afford proper clearance between railroad cars and obstructions and to promote the safety of railroad employees in switching cars.
192.53(6)
(6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office under this section, shall be fined not more than $100 or imprisoned for not more than 60 days or both.
192.53 Cross-reference
Cross Reference: See also ss.
RR 2.14,
2.15, and
2.16, Wis. adm. code.
192.54
192.54
General penalty for this chapter. If any railroad corporation, its officers, agents or servants violate or fail to comply with any provision of this chapter the corporation shall, for every violation or failure, unless some other penalty is specifically provided, forfeit not less than $10 nor more than $1,000, and be liable to the person injured for all damages sustained thereby.
192.54 History
History: 1981 c. 390;
1995 a. 225.
192.55
192.55
Special penalties for this chapter. 192.55(5)
(5) Any corporation or person operating a railroad that shall fail to erect the telltales required by
s. 192.31 for the space of 60 days after notice from the office requiring such erection shall forfeit not less than $50 nor more than $100, and each 20 days' delay thereafter in erecting such telltales shall be a separate offense.
192.55(6)
(6) Any person violating
s. 192.32 shall be punished by a fine of not less than $1 nor more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
192.55(7)
(7) Any railroad which violates
s. 192.14 or
192.15 shall forfeit to the state $100 for each violation and each day that the violation continues shall be deemed a separate offense.
192.56
192.56
Abandoning of railroad stations. 192.56(1)
(1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom, or to withdraw agency service therefrom, without first obtaining from the office an order authorizing such action.
192.56(2)
(2) At a station where agency service is provided the application to the office for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company, and if the office finds that the application is sufficient presumptively to justify the order prayed for, it shall enter an order fixing the time and place of hearing on the application, which time shall not be less than 20 days after the posting provided for in
sub. (3).
192.56(3)
(3) Notice of the time and place of the hearing and of the purpose thereof shall be given, by the office, by posting the notice in 5 conspicuous places in the town or village.
192.56(4)
(4) Any public body, or citizen, or group of citizens affected may appear at said hearing and prior to or at said hearing, file objections to the granting of the order prayed for.
192.56(5)
(5) The hearing shall be held as other hearings before the office are held as far as applicable. The office may dismiss the application or may grant it in whole or in part and under such conditions as it may deem equitable.
192.56(6)
(6) At a station where no agency service is provided, the application to the office for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office by persons directly affected, an order authorizing the abandonment of the station may be issued by the office. If such objections to the granting of the order are filed with the office, the office shall proceed to hold a hearing in the matter as provided in
subs. (4) and
(5).
192.71
192.71
Lands may be sold; proceedings if terms of grant not complied with. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any railroad may sell, assign and transfer the lands so conferred upon it or any portion thereof to any other railroad corporation which shall by law have the right to construct a railroad along and upon the line or any portion of the line upon which such lands are applicable under the grant of this state upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable according to the terms of the grant by congress, and to comply fully with all conditions and requirements contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded with the department of financial institutions; and provided further, that no such transfer or assignment shall be of any force or effect until two-thirds of the full-paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the department of financial institutions. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad or any part or portions thereof within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute, if the legislature shall not have revoked said grant, proceedings against such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway or any portion thereof within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state forfeiting, vacating and setting aside such grant or grants and annulling all rights and interest of such corporation in and to all lands granted to it and not fully earned and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all right to in any manner thereafter acquire the same.
192.71 History
History: 1975 c. 422 s.
158;
1995 a. 27.
192.71 Annotation
Mineral estates reserved by railroad corporations from lands received from the public domain are discussed. 69 Atty. Gen. 204.
192.72
192.72
Lands may be mortgaged. Any railroad corporation upon which any lands shall have been conferred to aid in the construction of any railroad or to which any such lands shall have been sold, assigned or transferred may, to raise money to construct such road, mortgage or convey by any mortgage or deed of trust, in addition to such property as is hereinbefore provided for, any and all such lands so conferred upon it and thereby pledge the entire avails of such lands, when acquired by such corporation and sold; provided, that no bonds or other evidences of debt so secured shall be made payable at a longer time than 20 years from the date thereof and that all such lands remaining unsold at the expiration of such 20 years shall thenceforward remain subject to purchase by actual settlers at a price not exceeding $6 per acre; and that this section shall not be taken to exempt any lands from any taxation whatever.
192.72 History
History: 1975 c. 422 s.
158.
192.73
192.73
Sale of abandoned rail property after release by state. 192.73(1)(a)
(a) "Abandoned rail property" means rail property that is determined to be abandoned as provided in
s. 85.09 (3).
192.73(1)(b)
(b) "Condemnation commission" means the office of the commissioner of condemnation under
s. 32.08 for the county in which abandoned rail property is located.
192.73(1)(c)
(c) "Lessee" means a person occupying abandoned rail property under a lease.
192.73(1)(d)
(d) "Owner" means a person that owns abandoned rail property but "owner" does not include any of the following:
192.73(1)(d)1.
1. A railroad operating as a common carrier in this state on May 11, 1990.
192.73(1)(d)2.
2. A railroad corporation that owns a controlling interest on May 11, 1990, in a railroad operating as a common carrier in this state.
192.73(1)(d)3.
3. A railroad corporation that is under common control on May 11, 1990, with a railroad operating as a common carrier in this state.
192.73(2)(a)(a) If the department determines not to acquire abandoned rail property under
s. 85.09 (4) and issues a release of its first right to acquire the property under
s. 85.09 (2), an owner may not sell or offer to sell abandoned rail property to a person other than the lessee of the abandoned rail property unless the owner first offers to sell that property to the lessee under this subsection.
192.73(2)(b)
(b) The owner shall send by certified mail a written offer to sell abandoned rail property at a fair market price to the lessee of that property. The lessee relinquishes the right to acquire abandoned rail property under this section if it does not respond to the offer by certified mail within 60 days after receipt of the offer to sell.
192.73(2)(c)
(c) If the owner and the lessee do not agree on a purchase price within 60 days after the lessee's response, the lessee or the owner may request that the condemnation commission determine the fair market value for the abandoned rail property. The condemnation commission shall determine the fair market value for the abandoned rail property on the basis of 3 independent appraisals. The owner and the lessee shall each select one appraiser and shall pay the cost of that appraisal. The condemnation commission shall select one appraiser and shall divide the cost of the appraisal equally between the owner and the lessee. The condemnation commission shall inform the owner and lessee by certified mail of its determination of the fair market value for the abandoned rail property.
192.73(2)(d)
(d) Within 30 days after receipt of the determination, the lessee shall notify the owner if the lessee agrees to purchase the abandoned rail property at its fair market value. If the lessee agrees to purchase, the owner shall sell the abandoned rail property to the lessee at its fair market value.
192.73 History
History: 1989 a. 336.
192.80
192.80
Full crew employee rights. No employee of a railroad operating in this state on May 20, 1972, shall be discharged, laid off, furloughed, removed from train or engine service, reduced in monthly earnings, transferred without the employee's approval or reduced in rank or classification, because of the repeal of s.
192.25, 1969 stats., s.
192.26, 1969 stats., s.
192.55 (4), 1969 stats., and s.
195.03 (21), 1969 stats., by
chapter 306, laws of 1971. A transferred employee shall be reimbursed by the employee's employer for the employee's moving expenses, including loss on sale of home. The rights granted to the employees under this section shall be binding on the railroads and shall be part of and shall have the same force and effect as the collective bargaining agreements between the employee organizations and the railroads. Any employee who recovers from a railroad upon litigation brought to enforce the employee's rights under this section shall be reimbursed by the employee's employer for all reasonable attorney fees necessarily incurred thereby.
192.80 Annotation
This section does not conflict with any federal law. In re Chicago, Milwaukee, St. Paul & Pacific Railroad Co.
852 F.2d 960 (1988).
192.80 Annotation
When a dispute between a railroad and union involved the interpretation of contract terms as to which both of the contending interpretations were reasonable the dispute should be settled by the compulsory arbitration procedures of the railway labor act and not by the federal court. United Transportation Union v. Burlington Northern Inc.
382 F. Supp. 896 (1974).
192.80 Annotation
Because the railway labor act did not preempt this section, the federal court had no jurisdiction. Fricke v. Chicago, Milwaukee, St. Paul and Pacific Railroad Co.
563 F. Supp. 311 (1983).
