Wisconsin Code § 197.05

Compensation determined by commission; notice; title
Open in Lexace · Ask the AI about this section
(1) Upon receipt of the notice under s. 197.03,
the commission shall set a time and place for a public hearing
upon the matters of the just compensation to be paid for the property of the public utility, wherever situated, actually used and
useful for the convenience of the public, and of all other terms
and conditions of the purchase. The commission shall give the
interested municipality and public utility not less than 30 days’
notice of the time and place at which the hearing will be held, and
the matters to be considered and determined at the hearing. The
municipality shall publish in the county in which the public utility is located a class 3 notice, under ch. 985, of the hearing.
(2) The commission shall, by order, fix and determine and
certify to the governing body of the municipality, to the public
utility and to any bondholder, mortgagee, lienor or any other person having or claiming to have any interest in the public utility
appearing at the hearing, just compensation to be paid for the taking of the property of the public utility actually used and useful
for the convenience of the public and all other terms and all conditions of purchase that the commission shall ascertain to be
reasonable.
(3) (a) The compensation and other terms and the conditions
of purchase certified by the commission under sub. (2) shall constitute the compensation and terms and conditions to be paid, followed and observed in the purchase of the plant from the public
utility. Upon the filing of the order issued under sub. (2) with the
clerk of the municipality the absolute title of the property taken
shall vest in the municipality. As to any property to be taken that
is located outside of Wisconsin, the circuit court is vested with
power to require the public utility company to convey the property to the municipality.
(b) Municipalities in adjoining states that have determined to
acquire a public utility, part of which is located in Wisconsin, are
authorized to acquire and to hold and operate any part of the public utility located in Wisconsin, provided the adjoining state gives
a similar power to Wisconsin municipalities.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.