Wisconsin § 198.17 - Eminent domain procedure.

§ 198.17. Eminent domain procedure.

198.17(1) (1) Definitions. In this section: 198.17(1)(a) (a) “Declaration” means a resolution or ordinance adopted by the directors of a district under sub. (1g) which identifies the utility which the district seeks to acquire. 198.17(1)(b) (b) “Owner” means the owner of a utility, and, for purposes of the service of documents on the owner, includes all agents and representatives of the owner. 198.17(1)(c) (c) “Utility” includes a portion of a public utility, including any water power and hydroelectric power plant owned and operated with the utility. 198.17(1g) (1g) Declaration of intention to acquire utility. A district, by resolution or ordinance, adopted by the affirmative votes of two-thirds of its directors-elect, may declare the determination of the district to acquire any existing utility, which is operated in whole or in part in the district. Upon adoption of the declaration, the clerk of the district shall serve immediately on the commission and the owner a copy of the declaration, certified by the clerk under the seal of the district. 198.17(1m) (1m) Voluntary sale of utility. 198.17(1m)(a) (a) Within 30 days after service of the declaration upon the owner, the owner may propose to sell the utility to the district upon terms and conditions to be mutually agreed upon between the owner and the directors and approved by the commission. The owner shall serve a copy of the proposal upon the district and the commission. The commission shall fix a time and place for a public hearing and consideration of the proposal and notify the owner and the district of the hearing. 198.17(1m)(b) (b) If terms and conditions of the sale of the utility to the district are agreed upon by the directors and the owner and approved by the commission, all of the following shall occur: 198.17(1m)(b)1. 1. The commission shall announce its approval of the sale in writing. 198.17(1m)(b)2. 2. The directors shall by resolution authorize and direct the written execution on the part of the district of each contract and instrument and the taking of every other action necessary to consummate the sale to the district of the utility in accordance with the terms of the agreement between the owner and the district. 198.17(2) (2) Determination of compensation. 198.17(2)(a) (a) If the owner has consented in any manner provided by law to the purchase of the utility by the public or any municipality and one of the following applies, the commission and the parties shall proceed to determine, in the manner provided in ss.