Wisconsin Administrative Code
Public Service Commission
Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way
Section PSC 132.10 - Disputes
Universal Citation: WI Admin Code ยง PSC 132.10
Current through February 26, 2024
(1) Unless otherwise agreed to by the parties:
(a) A railroad may not refuse to
permit a public utility to construct facilities within a right-of-way solely
because of a dispute between the parties concerning compensation for or
conditions to the right of placing the facilities within the railroad
right-of-way.
(b) Subject to sub.
(2), a public utility may proceed with construction while the dispute is
resolved under s.
PSC
132.03(2), s.
196.04(4),
Stats., or another method mutually selected by the parties.
(2) If a public utility constructs facilities within a railroad right-of-way while a dispute is pending and, after notice and hearing, the commission determines that the facilities are located in an unreasonable location or constructed in an unsafe manner, the commission may order the public utility to remove or modify the facilities at the utility's expense.
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