Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06

place OF nearing the petition, which shal De
served personally, in the same manner as
summons in the circuit court, at least TWEEN
- uays before the hearing, or by publica-
49, -, as the court or Judge may direct at
!G . zen Gays before the hearing. Sucn ser
vice shall be made upon the owner and any
occupant of the land over which the line is
or Is proposed to be located, in case the
proceedings are taken by the corporation,
and upon any officers or director of the cor
Porauon, In case they are commenced by
the land owner.
sha4A near all persons interested who shall
anpear' snail appoint guardians ad Item Tor
parties uhder any disability, and determine
lhe rights OF the parties; and If sufficient
cause exists, shall appoint one or three dis
interested and competent freeholders or the
county, or OF any adjoining county, as com,
missioner or commissioners to ascertain and
appralse the just compensation of those In
tereSted IN the real property to be or which
naS peen taken III the county where 1t nes,
anu nX therein the time and place OF the
first commissioners meeting. The term of
such appointment shall not exceed one year,
and may be further limited.
Section 5. Proceedings of commission.
Inc commissioners shall take an oath that
tney VIII support the constitution or the
United states and of the state of Wiscon-
sin, and faithfully discharge their duty as
commissioners to the best of their ability.
| Upon request of the corporation any per
son interested In the property described IN
proceed with the performance of their du-
ties, and may adjourn the proceedings, but
days in all as to any one case. They snail
cause notice of the time and place of their
| meeting to consider the compensation to
| which the owner Is entitled TO be served
personally on the owner or other person IN
terested, or his agent, attorney or guardian
ad Ltem, or by leaving the same at his resi-
| dence with person Of suitable age and dis
| erection, at least ten days before such meet
| Ing. If such party be q nonresident, or his
| residence is unknown, and have no agent or
| attorney In the state known to the commits
hn1 h
cation, In such manner as the court or judge
| shall direct. Proof of the service of such
notice, and of the appearance OF the parties
! shall be filed in the clerks office. No sery-
| ice of notice of any subsequent meeting, held
| pursuant to adjournment, shall be necessary.
| The commissioner or commissioners shall
| view such of the premises described in the
| petition as are described in such written re-
| quest, and hear the allegations of the par
| ties and appraiSe ascertain and determine
the value of the rights TO be taken, and of
each separate estate therein, and the dam
ages sustained by the owner by reason of
the taking thereof, and fix the amount of
such compensation to be made to each of
| such owners therefor; and In fixing the
amount Of such compensation said commits
sioner or commissioners shall include all
damages for the erection, construction and
maintenance of a telegraph, telephone, or
power transmission line for public purposes
over and along such public highways, roads,
streets alleys or over such bridges or
streams, including such additional wires as
may from time to time be placed on said
line and of replacing the poles from time to
time may be necessary. The commits
siOners may, in case Of dispute, determine
the places along said line in which the
poles shall be set. And in no case except
where the owner consents thereto, shall
poles be set in front of a building occupied
for business or residence purposes, unless
the commissioners shall find that the same
is necessary, and in such case such poles
shall be placed within four ca feet of the
boundary line or party wall of such build
fy1rY dam fiNy,
have been completed the court may still
determine as to whether such line or any
pole or fixture thereof might be removed
to some other point or place within such
public road, street, highway or alley, or
over sue bridge or stream, and determine
the question as to whether the necessity
exists that such pole or other fixture re-
main In the spot or place Heretofore To-
Gated. majority of the commissioners, all
being present, shall be competent to deter
mine all matters before them. The com
missionerss shall, within twenty days after
last viewing any of the property so taken,
make and file in the office of the clerk of
the circuit court of such county a report of
their proceedings concerning such property,
making separate reports In relation to the
property Of each distinct owner and setting
forth the award made to each owner or
owners thereof. The commissioners shall
be entitled to such compensation as the
court may direct, which shall be paid by
the CORPORATION taking such telegraph tele-
phone or power line.
Section 6. Appeals. Within thirty days
after the filing of the report of the com
missioner or commissioners in the office of
the clerk of such circuit court, any party
may appeal to the circuit court from any
award made by the commissioners by filing
in the office of said clerk a written notice
of appeal from such award. Upon filing
such notice the appeal shall be considered
an action pending in court, subject to
change of place of trial and appeal to the
supreme court as In other actions, and shall
be entered by the clerk upon the records Of
40 IIpf NV of 1nY
owners of the lands for which said aware
was made and who are parties to the appeal
as plaintiffs and the corporation as defend
ant. Such appeal shall be tried by jury I'M
less a trial by jury be waived by both par
ties. Costs shall be allowed to the success
full party on such appeal, and If in favor Of |
of the verdict, If In favor of the defendant |
to be deducted therefrom; and judgment
shall be rendered thereon according to the |
rights of the parties
Section 7. Payment Of award; possession;
executions; intervention. The report of the |
commissioner or commissioners shall be |
recorded by the clerk In whose Office the |
same is filed, and at any time after the |
making of such award the corporation may !
pay the owners of the property taken. |
or to the clerk of said court for the use of |
such owners, the amount awarded by the |
commissioners, and thereupon may enter in |
to the use of the property or rights which |
have been condemned, and upon twenty |
four hours notice may move said court or |
judge that writ of assistance may be Is !
sued to put such corporation into possession |
of the same, and SAID court or judge shall, |
upon the corporation giving security in |
such amount as the court or Judge shall re- |
Quire, to pay any Judgment that shall be re- |
covered against 1t on appeal, award such |
writ. If the corporation be in possession, or !
be put in possession Of any property pend |
ing an appeal the owners or parties en- |
titled thereto shall be entitled to receive |
the money paid into court on account of the |
award appealed from, without prejudice to |
the appeal taken; but If the corporation |
shall have appealed, such money shall only |
be so withdrawn upon the person withdraw |
ing the same filing bond In such sum and |
with such surety or SuretieS as shall be |
provided by the court or judge to repay the |
amount by which award shall be paid on |
appeal, with costs If such corporation shall |
omit for the space Of sixty days to pay the |
amount so awarded into court or to pay in |
to the court the amount OF any final judg- |
ment which Will be rendered upon any ap- |
peal from such award, the party Interested |
in such award or Judgment may have exc |
CutiOn upon said judgment without motion,
or for the amount of such award upon mo-
ton and If execution be returnd unSatisfied |
may maintain an equitable action for the |
sale of the lines and franchises of the cor |
poration. If in any even the title to or In |
cumbrance upon any of the premises shall |
be suggested, or II any party to said pro- |
ceeding or any person not party, shall pc |
to the title set out In said petition to said |
premises or any part thereof or to the money |
or any part of it to be paid as compensation |
for the property taken, the court shall hear |
and determine the rights Of the parties to |
said money and for that purpose may order |
q reference or issue to be tried by a Jury
Either party may except to the decisions |
of the court and appeal to the supreme |
court may award costs to the prevailing |
party and render judgment therefor
Section s. When use to vest. When the |
corporation shall have paid into court the |
amount of the award or of the Judgment, or