Wisconsin Code § 88.88

Railroad to construct ditch or sluiceway across right-of-way
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(1) Whenever the owner of land desires to drain
the same by a blind or open ditch and, to properly drain such land,
a connecting ditch or sluiceway should be constructed across the
right-of-way of a railway company, such owner shall file with the
depot agent of such company nearest to such land a written petition stating the kind of ditch proposed to be built and requesting
the company to construct a ditch or sluiceway across its right-ofway which will conform thereto. Within 60 days after the filing
of such petition, the railway company shall construct such ditch
or sluiceway. The petitioner shall pay the cost of such construction and shall assume all expenses in connection with maintaining such ditch or sluiceway on the railroad’s right-of-way.
(2) If the railway company fails to comply with sub. (1), the
person aggrieved thereby may file a complaint with the office of
the commissioner of railroads setting forth the facts. The office
shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding
has the same effect as an order in any other proceeding properly
brought under ch. 195.

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