Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

.la,,sas ). AV'o-ot. franchise granted una B.
continue In force and effect until s,,S sginaer al
state q Wisconsin. or any municipa lity a SIe as
s,a,,' p'on ~ acuuire as provided In tiis
suui ~ snall De- otherwise Terminated s.'ester
law; ana In any such both the cornn sssllng
and tho franchise grated shall term,ns. ave chart
section l5sB-6S. l, All franchises r,..
corporation as herein defined are gr,,. eieuteQ to
the light Of the state If 1t SHAH have ~ subject
tlonal power or any municipality i,non wy eohstt
years notice thereof, and at any time f, t east
L pstlion % urty years from the date when ~
chse becomes effective. to ACQUIRE nh ~ ~ us ira
OF the grantee acquired. constructed - se pfoperl
ana used and useful In carrying out tbe witt, h sin
s wlsn sueh lrahehse was Granted upon nsS
tnereor as determined by the commission NJ ~ 10y me
OF taking or the cos; OF Reproduction ~ y, esW IN
existing condition of all dams WORKS t, 3!gW th
olhtI structures or equipment used or nsef,l ~,
the franchise. and by paying in adatior ~ uht
value OF the power site as determina,i H. "tt0
mission before the granting Of the frsnqhS ne con
allowance shall he made for any yoIue II ou
powsr s.se may haye~oy reason Of its ayaiahl,tS
connection with water power or the use ~ ny
power. except the bona flde purchase nrirS ts wa
Tor by the grantee to be determined NV ma me
sion Defore the granting Of the franchise Il bs
q puDnc utility becoming a grantee under III
and acquired previous TO the passage hnd ,s,,i ms
OF this act or If purchased from n nere,,, ar au
corporation who or which shah have preyioua =,
passage and publication of this act acnuIrs9 - 70
with Iona flde intent 70 immediafav ,,.ta ~ sai
same for hydraulic purposes but In slcb N'e coy
amount to be paid by the state OF a mnn,sv, ~
bnaI1 NOT exceed tne purchase price maid br
son. firm. public utility, or corporation fcr "
power site. aud no allowance shall be p,ada - S
value OF any rights. riparian or otherwise 49,,
TO waterpower or the use of waterpower ana
allowance shall be made for the value OF anv -
chise granted under this chapter or for o,rr IN ~
or property acquired under such franchise otS. ~
those for which payment is provided In this ar.n
ton; provided. that In OF extraordinary csI9N
occurring at any time within thirty years rroro !.
date whom such franchise becomes elective and -
ing damage In excess Of twenty-five per centum
the total value OF all dams, works. builngs or 9th
structures and equipment used and useful under ~
franchise. a. determined by the commission ON =
plicatton and hearing. the period Of thirty ~
herein provided for the acquisition Of the trorertv
the state OK any municipality upon tho terms 49,
specified shall he extended for such additional 49,
may DO equivalent to such fraction OF thirty ~
such damage shall bear TO such total value
3. All franchises granted 10 corporations "A h,r.,'
defined are granted subject to the further pht ~ ~
state. It shall have the constitutional povrr y
any municipality. upon AZ least years notsd
thereof. and at any time prior to the expiration
thirty years from the date when the franchise ~
effective. to acquire all Of the property q, M
grantee constructed maintained and used and M
full in carrying out the purposes for which such ira
chisc was granted. by paying Just compensation thra
for as determined by tho commission at tina t,mn
taking: provided. that In ascertainng what is M
compensation for any such property taken under M
subsection allowance shall be made for the val1
Of any franchise granted under this chapter
8. II the state OF municipality exercises n
option To acquire the property OF corporation Opera
ing under FRANCHISE granted under this chapter th
and In such case the state or municipality rs III
case may be. shall give preferential right to seyld
to those using water power developed or generate
by the corporation at the Tune OF such aeGuisitod
and the service to such persons shall be continue
upon such terms and for such period of time as ma
be found reasonable by the commission. but In n
case shall such preferential right continue FOR p
longer than ten years from the date Of acquisition
the state municipality
T. Nothing contained in this chapter shall 10 corj
strued as conferrng creating. or admitting I'd
part OF the state the existence OF any private PROD
erty In water or the use or water or as requiring III
state or any authorlzed state agency TO pay an
compensation at any ume tor water or the use
water taken, or 70 pay any compensation on accoul
OF any value WMcn any power Sue may nave 4
reason OF ltS Availability Ia conheeuoh WIN Watg
power or the use OF water power II such water
required Tor purposes OF NAVIGATION; or II IL De hey
that water or the use OF wafer Is not private proDerl
in whole or II part
Section l5e6-69. /. Applications Tor francms
authorizing the construction maintenance ana opra
uon OF dam aS oonneo ~ supsecuon VI seeuq
lo9o-oV OF py munlcapal4y 70 coiisIuct ana maI
tam Gam OF any capacity III .. eSluSS hauEanI
waters, Shall include ana set Iortn uat MATER u
Quired In subdivisions ~ 70 w, inclusive OIL SUP
section OF section los9-oz' ana In ADDITION herd
70 the purpose or purposes, IN addluon 70 the Ia
provcment OF navigarlon Tor Wnlch the dam Is prq
proposed to be constructed ana MAINTAINED
2. The procedure uy the COMMISSION upon reSal
Q. an appncSuon unneL IN 's oror e r ~
Of the franchise applied for snail DC governed y VI
provisions OF section l596-o4 excepting those elauV
to tho incorporation OF the applicant
All sucn iIaiclnseS me sissn 1I Su" ~ " "
right Of tho state. whenever II shall have the ccns
tuuona power. and OF any mumcapany, Ine IIaa
chise Ii granted 10 person. urn, OF corpotAuol
acquire the propotty o. Inc srateE ogln , 49, !
malntalneu ana useu anu usea "a tns4ouisS&, AI
all property necessary ana uea aAlo useaA M vSsl
out the purposes FOR which S1ch dam was 1lLnOflAe
to DO CONSTRUCTED or malt1tieu " paSlns Iuo un
pensauon sneIor ss Sr ~ '1 S',
provided. that In asceftelmns What Is Iust c pt
ton for any sacn pfopsrW no auo"Ane1 e. on -.
madc for the rancmse EYER sraLeSe W Uuc 800 10y.
to have waived the right a requiring the necessity