Wisconsin Code § 84.05

Railroad crossing improvements
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On a highway
which the department has authority to construct and which
crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement
or elimination of a grade crossing or other rearrangement of the
highway or tracks is necessary in the interest of public safety or
for convenience of public travel, the department shall make a plan
of the construction proposed and an estimate of the cost thereof,
including the cost of needed right-of-way; and shall endeavor to
make an arrangement with all persons concerned as to all matters
involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department
is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance
thereof, the department shall lay the matter before the office of
the commissioner of railroads, and the office of the commis-

sioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall
fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the transportation fund. The
office of the commissioner of railroads shall determine the benefits, if any, which will inure to other highways, and apportion and
charge to the units of government responsible for the construction
of such other highways a fair portion of the cost.

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