Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22


otherwise, pertaining to waterpoWer
or the use of waterpoWer, and no al
lowance shall be made for the value
of any franchise granted under this chap
ter or for any rights or property ac-
quired under such franchise other than
those for which payment is provided
in this subsection; provided, that IN
case Of extraordinary calamity occur
ring at any time within thirty years
from the date when such franchise be-
comes effective, and causing a damage
in excess Of twenty-five per centum
Of the total value of all dams, works.
buildings, or other structures and
equipment used and useful under the
franchise, as determined by the COM
mission, on application and hearing,
the period of thirty years herein pro-
vided for the acquisition Of the prop
erty by the state or any municipality
upon the terms herein specified, shall
be extended for such additional period
as may be equivalent to such fraction
Of thirty years as such damage shall
bear to such total value.
2. All franchises granted to corpor-
atoms as herein defined are granted
subject to the further right Of the
power or any municipality, upon at
least one years notice thereof, and at
any time prior to the expiration of
thirty years from the date when the
franchise becomes effective, to acquire
all of the property of the grantee con-
structed or maintained and used and
useful in carrying out the purposes
for which franchise was granted, by
paying just compensation therefor, as
determined by the commission at the
time of taking; provided, that in as
certaining what is just compensation
for any such property taken under
this subsection no allowance shall be
made for the value of any franchise
granted under this chapter.
8. If the state or municipality
exercises it's option to acquire the
property of corporation operating
under a franchise granted under this
chapter, then and in such case the
state or municipality, as the case may
be, shall give a preferential right to
service to those using water power
developed or generated by the corpor-
and the service to such persons shall
be continued upon such terms and for
such period of time as may be found
reasonable by the commission, but in
no case shall such preferential right
continue for a period longer than ten
years from the date of acquisition by
the state or municipality.
A. Nothing contained in this chap
ring, creating or admitting, on
the part of the. state, the exist
ence of any private property in
water or the use of water, or as re-
curing the state or any authorized
state agency, to pay any compensation
at any time for water or the use of
water taken, or to pay any compensa-
ton on account of any value which any
power site may have by reason of
it's availability in connection with wat
er power or the use of water power,
if such water is required for purposes
of navigation; or if it be held that
water or the use of water is not pri-
va ssc Property gs in Mhole or IN nart
for franchise authorizing the
construction, maintenance and oper-
alton of q dam as defined in
subsection of section 15se-e0,
and maintain a dam of any capacity
in or across navigable waters, shall
include and set forth that matter re-
qured in subdivisions Cd to 90, in
elusive, of subsection l of section 1896
81 and in addition thereto the pur-
pose or purposes, in addition to the
Improvement of navigation, for which
the dam is proposed to be constructed
and maintained.
2. The procedure by the commits
sion upon receipt of an application
under this section, and the granting
of the franchise applied for, shall be
governed by the provisions of section
1596-64, excepting those relative to
the incorporation of the applicant.
8. All such franchises are granted
subject to the right of the state, when
ever it shall have the constitutional
power, and Of any municipality, If the
franchise is granted &c person, firm
or corporation, to acquire the property
of the grantee constructed or main
tanned and used and useful hereunder,
including all property necessary and
used and useful in carrying out the
purposes for which such dam was au-
thorized to be constructed or main
tanned, by paying just compensation
therefor, as determined by the COM
mission; provided, that in ascertaining
what is just COMPENSATION for any such
property no allowance shall be made
for the franchise. Every grantee by
the acceptance of a franchise under
waived the right of requiring the ne
cessity of such taking to be established
by the verdict of a jury
4. Such property, whether located
may be acquired for public municipal
purposes by any municipality by con-
demnation proceedings as provided by
law for the acquisition by municipal
tiles Of other property for public pur-
poses, and when SO acquired shall be
maintained and operated under the
provisions of this chapter applicable
thereto.
g. A franchise granted to a munic-
ipality shall be subject to all of the
provisions of this chapter applicable
to franchises authorizing the construc-
ton, maintenance and operation of
dams with capacity of two hundred
and fifty horse power of hydraulic
power or less as defined in subsection
2 of section 1596-60
6. If the grantee of franchise I'M
der this section, other than a munc-
ipality, shall desire to increase the de-
velopment capacity of any dam owned
and operated by it beyond two hun
dred and fifty hydraulic horse power.
or if any such grantee shall desire to
couple up any developed water power
with any other water power or water
powers, developed or undeveloped,
thereby completing a development of
more than two hundred and fifty hy-
draulic horse power, application shall
be made for a charter and franchise
as provided in section 1596-62.
7. The Legislature reserves the right
to at any time alter, amend, or repeal
any and all franchises granted under
this section.
Section 1596-7O. 1. No transfer or
assignment of any franchise granted
under this chapter shall be valid or
of any effect whatsoever unless the
same shall be in writing and certi-
fed copy thereof shall, within ten
days after the execution thereof, be
filed with the commission and unless
such transfer or assignment is ap-
proved by the commission. No fran
chise granted hereunder shall be trans
ferred or assigned to foreign corpor-
alton, nor shall any franchise granted
hereunder to municipality be assign
ed or transferred to any person, firm
iA,, ofI1