River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-04-19
Approved March 8, 1877.
Published March %, 1917.


CHAPTER EOS.
AN ACT relating to the right OF way Of rail-
roads and amer datory OF section 10, chap
ter ll9, OF the general laws Of 1879.
The people OF the State OF Wisconsin, repre-
sented in Senate and Assembly, do enact as
follows:
Section l. Section I6. OF chapter ii9. of the
general laws OF 1872, is hereby amended SO as
to read as follows: Section 10. The commits
sioners shall take and subscribe the oath sub
seribed by the twenty-eighth section OF the
fourth article of the constitution before enter
ing on the discharge OF their duties. A ma
jority of them may adjourn the proceedings
before them in respect to any particular tract
or tracts from time to time, in their discretion;
provided, that no more than two adjourn
ments shall be granted in any one case, nor
shall such adjOurnmepts be for greater
length OF time in all than sixty days; whenev-
er thereunto requested in writing by or on
behalf oil the railroad company or any person
or persons interested in any tract or tracts de-
scribed in such petition, but not otherwise, II
shall be their duty to proceed in the manner
hereinafter provided TO view the premises
specified in such written request, and none
others, and to appraise, ascertain and deter
mine the value or values, and fix the compen-
sation or compensations hereby contemplated;
and they shall thereupon cause notice to be
given TO each party interested OF the time
when and place where they will meet 10 con-
| slider the amount of compensation to which he
is entitled, which notice shall be personally
served on such party or his authorized agent
or attorney, or by leaving the same at his res
idence or place OF business, with q person OF
suitable age and dis ;retion, at least six days
before the time OF such meeting; and the like
| notice shall be by them given to the railroad
company, whenever the commissioner shall
| so proceed at the request OF any other person
| or party. 1t such party is nonresident OF
| this state or his residence is unknown, and
he has no authorized agent or attorney in this
| state known to said commissioners, such no.
tice shall be published in anewspaper as afore-
said, for such length OF time as the court or
| Judge appointing said commissioners shall
direct. The commissioners shall file proof OF
such notices, or of the appearance OF such
parties before them either personally or by
| attorney, with their report; but it shall not
| be necessary to serve or publish notice OF any
| subsequent meeting held pursuant to adjourn
| ment. The commissioners shall view such OF
| the premises described in the petition as are
| described in such written request, and hear
| the allegations OF the parties, and shall ap-
praise, ascertain and determine the value OF
any tract or parcel OF land proposed TO be ia
| KEN with the improvements thereon, and OF
each separate estate therein, and the damages
sustained by the owner by reason OF the taking
| thereof, and fix the amount Of compensation
4 to be paid to each OF such owners therefor
and in fixing the amount OF such compensa
| ton said commissioners shall not make any
| allowance or deduction from the value of the
| real estate taken on account OF any real or
supposed benefits which the parties in interest
| may derive from the construction OF the pro-
posed railroad or the construction OF the pro-
posed improvements connected with such
| road for which such real estate may be taken;
but special benefits to the real estate adjoining
| the lands so taken shall be allowed in deduc-
ton of any damages sustained by the owner
| to such adjoining real estate. A majority Of
| the commissioners, all being present, shall be
competent to decide all matters before them.
| The commissioners shall within twenty days
after viewing any of the lands so taken make
and file in the Office OF the clerk of the circuit
| court of such county. report OF their pro-
ceedings concerning such lands, setting forth
the award made for each tract or parcel there
OF or separate estate therein to the owner or
owners thereof. The commissioner shall be
entitled TO such compensation as the court
may direct, which shall be paid by the rail-
road company. This act shall apply to the
proceedings Of commissioners heretofore ap-
pointed, but who have not yet proceeded 10
view lands proposed to be taken.
Section 9. This act shall take effect and be
in force from and after its passage and publi-
cation.
Approved March Z, 1877.