Wisconsin § 85.09 - Acquisition of abandoned rail property.

§ 85.09. Acquisition of abandoned rail property.

85.09(1) (1) Definitions. As used in this section: 85.09(1)(b) (b) “Municipality” means any city, village or town. 85.09(1)(c) (c) “State agency” means state departments and independent agencies. 85.09(1)(d) (d) “System diagram map” means the map required under federal law to be filed with the department by the railroad operating in this state that indicates rail lines in the process of abandonment, rail lines the railroad expects to abandon and the rail lines that are under study by the railroad for possible abandonment in the future. 85.09(2) (2) First right of acquisition. 85.09(2)(a) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s.