Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08
}. 500, ST. Published July 13, 1907.
CEA PIER 67R LAWS OF 1907

AN ACT to create sections 1797t-1 to
1797t-12, inclusive, OF the statutes, re
companies and to purchase of the prop
erty of street railway companies by
the municipality
The people of the state of Wisconsin,
represented in Senate and Assembly, do
enact as follows
Section /. There are added to the stat
utes twelve new sections to read: Section
1797t-1. /. The term municipal coun-
ell as used in this act shall mean and
embrace the common council, the board
of aldermen, the board of trustees, the
erning body of any town, village or. city
wherein the property of street railway
company or any part thereof is located.
2. The term municipality" as used in
this act shall mean any town, village or
city wherein property of street railway
company or any part thereof is located.
3. The term "indeterminate permit as
used In this act shall mean and embrace
state, to any street railway company, OF
power, right or privilege to own, operate,
manage or control any street railway plant
this state, which shall continue in force
until such time as the municipality shall
exercise its option to purchase as provided
in this act or until 1t shall be otherwise
terminated according to law.
4. The term Commission as used In
this act shall mean the railroad commits
sion of Wisconsin.
or franchise hereafter granted to any street
railway company shall have the effect OF
an indeterminate permit subject to the
provisions of this act, and subject to the
the major part Of its property Is situated
may purchase the property of such street
railway company actually used and usefui
time as provided herein. paying therefor
just compensation to be determined by the
commission and according to the terms
and conditions fixed by said commission.
Any such municipality is authorized to
purchase such property, and every such
street railway company Is required to sell
such property at the compensation and &C.
cording to the terms and conditions deter
mined by the commission as herein pro-
vided.
Section 1797t-3. ANY street railway COM
pany operating under an existing license, per-
NIT or franchise shall, upon filing at any
time prior to the expiration of such license,
permit or franchise, with the clerk of the
municipality which granted such franchise
and with the commission, written decla-
such license, permit or franchise, receive
by operation of law In lieu thereof, an
indeterminate permit as provided In this
act and such street railway company shall
ditions and limitations of this act. The
filing Of such declaration shall be deemed
waiver by such street railway company
Of the right to insist upon the fulfill
into relating to any rate, fare, charge or
service regulated By sections 1901 to
1797-38 of the statutes, as amended.
Section 1797t-4. Amy street railway
company accepting or operating under any
license, permit or franchise hereafter grant
ed except where such license, permit or
franchise is for an extension of any line
or system constructed or authorized at the
time this act shall go into effect, and which
license, permit or franchise for such ex-
tension shall expire at the same date as
the license, permit or franchise under which
such line or system Is then being operated,
shall, by acceptance Of any such indetermi-
nate permit be deemed to have consented
to future purchase Of its property actual
the public, by the municipality in which
the major part Of 1t Is situate for the
compensation and under the terms and con-
ditions determined by the commission, and
the right of requiring the necessity of such
taking to be established by the verdict OF
a jury, and to have waived all other RENE
dies and rights relative to condemnation
by such municipality, except such rights
and remedies as are provided In this act.
Section 1797t-6. ]. At any time with
In three years prior to the expiration of
the term Of the license, permit or franchise
ing at the time this act goes into effect,
any municipality shall have the power, sub
ject to the provisions Of this act, to acquire
by condemnation the property OF any street
railway company, actually used and useful
for the convenience of the public.
2. Any municipality shall have the pow
er, subject to the provisions Of this act,
to acquire by purchase as provided In this
act, the property Of any street railway
company actually used and useful for the
convenience of the public operating under
any indeterminato permit as provided here
Section 1797t-6. II the municipality
shall have determined to acquire an exist
ing plant then operated under a license.
this act takes enect, such municipality
shall bring an action In the circuit court
against the street railway company as de-
PENDANT praying the court for an ad1udica-
the municipality, in which action the COM
plant shah be served with the summons.
The street railway company shall serve
and file its answer to such complaint with
In ten days after the service thereof;
whereupon such action shall be at issue
and stand ready for trial upon ten days
notice by either party. All such actions
shall have precedence over any civil cause
court.
Section 1797t-7. II the municipality
shall have determined to acquire an exist
owning such plant shall have consented
to the taking over of such plant by the
municipality by acceptance OF an indeter-
inmate permit as provided herein or IN
have consented to such taking Ii the jury
shall have found that necessity exists for
the taking Of such plant, then the munich
pality shall give speedy notice OF sucn
verdict of jury to the street railway COM
pany and TO the commission.
Section 17eTt-9. The commission shall
thereupon after public hearing and within
three months from the receipt Of such no.
tice and upon notice to the municipality
and the street railway company interested,
by order fix and determine and certify to
A[n -AeI mi IN hA Ma&
railway company, Just compensation to be
paid for the taking Of the property OF such
street railway company actually used ana
useful for the convenience OF the public,
and all other terms and all conditions OF
sale and purchase which 1t shall ascertain
to be reasonable. The compensation ana
other terms and the conditions Of sale and
purchase thus certified by the commission
shall constitute the compensation and terms
and conditions to be paid, followed and OBJ
served in the purchase of such plant from
such street railway company upon the Ming
municipality, the exclusive use OF the
property taken shall vest In such munich
pality.
company or the municipality being dissat-
isfed with such order, may commence and
prosecute an action In the circuit court to
alter or amend such order or any part
thereof as provided In sections 1797m--64
to 17o7m-73 inclusive of the statutes,
and said sections so far as applicable shall
apply to such action.
Section 1T87t--10. II the plaintiff shall
not establish to the full satisfaction of the
court that the compensation fixed and de-
termined in such order Ia unlawful or that
some of the terms or conditions nxed and
determined therein are in some particulars
unreasonable, the compensation. terms and
conditions fixed in said order shall be the
Compensation, terms and conditions to be
paid, followed and observed in the pur-
chase of said plant from such street rail-
Section 17S7t-11. II the plaintiff shall
establish to the full satisfaction Of the
court and the court shall adjudge that such
compensation Is unlawful or that some OF
such terms or conditions are unreasonable,
the court shall remand the same to the
roh TrHi nF M