85.08(4m)(g)4.
4. Public benefits of proceeding with the project substantially outweigh the risk of waiving the performance and payment bond requirements of s.
779.14; and
85.08(4m)(g)5.
5. The project cannot proceed in a timely and efficient manner unless the performance and payment bond requirements of s.
779.14 are waived in whole or in part.
85.08(5)(a)(a) In this subsection, “rural municipality" means any of the following:
85.08(5)(a)1.
1. A city, town or village with a population of 4,000 or less.
85.08(5)(a)2.
2. A city, town or village that is located in a county with a population density of less than 150 persons per square mile.
85.08(5)(b)
(b) In awarding assistance under this section, the department shall make a good faith effort to select eligible applicants that represent or will benefit various geographical regions and populations of this state, including rural municipalities.
85.08 Cross-reference
Cross-reference: See also ch.
Trans 29, Wis. adm. code.
85.085
85.085
Private road crossings. 85.085(1b)(1b)
In this section, “rehabilitated" means a significant rebuilding of railroad track that restores severely deteriorated track to a minimum service standard or, for track that is at or above a minimum service standard, that increases the service standard of the track.
85.085(1m)
(1m) The department shall make payments from the appropriation under s.
20.395 (2) (bu) to fund the rebuilding of any private road crossing across the tracks of a rail transit commission within this state if the applicable tracks of the rail transit commission were rehabilitated during the 1992-93 fiscal year or thereafter, the private road crossing has not been rebuilt since the tracks were rehabilitated and the private road crossing user obtains a private road crossing permit from the applicable rail transit commission.
85.085(2)
(2) The department shall make payments from the appropriation under s.
20.395 (2) (bu) to reimburse any private road crossing user for costs incurred by the user in financing the rebuilding of a private road crossing across the tracks of a rail transit commission within this state if the applicable tracks of the rail transit commission were rehabilitated during the 1992-93 fiscal year or thereafter and the private road crossing user has obtained a private road crossing permit from the applicable rail transit commission.
85.085(3)
(3) The department shall not make any payment under this section unless the applicable private road crossing permit provides that the rail transit commission shall, at the user's sole cost and expense, maintain, repair and renew the private road crossing. “Maintain, repair and renew" does not include any rebuilding of a private road crossing that is required because the applicable tracks have been rehabilitated.
85.085 History
History: 1993 a. 354;
1995 a. 113.
85.09
85.09
Acquisition of abandoned rail property. 85.09(1)(1)
Definitions. As used in this section:
85.09(1)(b)
(b) “Municipality" means any city, village or town.
85.09(1)(c)
(c) “State agency" means state departments and independent agencies.
85.09(1)(d)
(d) “System diagram map" means the map required under federal law to be filed with the department by the railroad operating in this state that indicates rail lines in the process of abandonment, rail lines the railroad expects to abandon and the rail lines that are under study by the railroad for possible abandonment in the future.
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 on that property, that 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, except that the power of condemnation may not be used to acquire property 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). In addition to its property management authority under s.
85.15, the department of transportation may, subject to any prior action under s.
13.48 (14) (am) or
16.848 (1), 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. 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 federal surface transportation board or federal court or any other federal or state agency having jurisdiction over the rail property.