Section 132.10. Disputes.

 

(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.

History: Cr. Register, January, 1996, No. 481 , eff. 2-1-96.