Wisconsin Administrative Code
Public Service Commission
Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way
Section PSC 132.03 - Compensation
Universal Citation: WI Admin Code ยง PSC 132.03
Current through February 26, 2024
(1)
(a)
Unless otherwise agreed to by the parties and subject to sub. (2), a public
utility which locates its facilities within the right-of-way of a railroad
shall compensate the railroad $500 for each crossing. The payment shall be a
one- time payment, in lieu of any license fees, to reimburse the railroad for
expenses incurred by the railroad as a result of the construction of the
facilities and, in the case of a private crossing, to compensate the railroad
for the locating of the facilities within the right-of-way.
(b) Unless otherwise agreed to by the
parties, the one-time payment under par. (a) does not apply to public utility
facilities located within a railroad right-of-way on the effective date of this
paragraph February 1, 1996.
(2)
(a) In
this subsection:
1. "Direct expenses" does
not include a contribution to profit but may include any of the following:
a. The cost of inspecting the crossing site
before, during or after construction.
b. Administrative costs, such as the costs of
entering the new crossing on the railroad's books, maps and property
records.
c. The cost of flagging
during construction.
d. Any other
costs incurred due to actual construction.
2. "Special circumstances" means unique
characteristics of a parcel of property which enhance its value above that of a
typical parcel of railroad right-of-way. "Special circumstances" may include
the parcel's relationship to other property, the existence of unique topography
or natural resources or other unusual characteristics.
(b) A railroad may petition the commission
for compensation greater than the amount under sub. (1) if the railroad and the
public utility cannot agree on compensation and the railroad incurs
extraordinary direct expenses as a result of the construction of the facilities
or believes that special circumstances exist. If a petition is filed, the
commission shall determine whether extraordinary direct expenses are incurred
or whether special circumstances exist and the amount of compensation to be
paid to the railroad.
(3) If grade crossing markings or signs are damaged during construction, the party responsible for the damage shall pay the replacement costs, unless otherwise agreed to by the parties.
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