88.88 Railroad to construct ditch or sluiceway across right-of-way.
(1) Whenever the owner of land desires to drain the same by a blind or open ditch and, to properly drain such land, a connecting ditch or sluiceway should be constructed across the right-of-way of a railway company, such owner shall file with the depot agent of such company nearest to such land a written petition stating the kind of ditch proposed to be built and requesting the company to construct a ditch or sluiceway across its right-of-way which will conform thereto. Within 60 days after the filing of such petition, the railway company shall construct such ditch or sluiceway. The petitioner shall pay the cost of such construction and shall assume all expenses in connection with maintaining such ditch or sluiceway on the railroad's right-of-way.
(2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads setting forth the facts. The office shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.
History: 1977 c. 29 s. 1654 (9) (f); 1981 c. 347; 1993 a. 16, 123, 490.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 88 - Drainage of lands.
88.02 - Outstanding securities and contracts not affected.
88.03 - Drainage proceedings equitable in nature.
88.032 - Amendment of documents.
88.04 - General rules relating to signatures on petitions.
88.05 - General rules applicable to notices of hearings.
88.06 - General procedure for obtaining consent or approval of the court in drainage proceedings.
88.065 - General procedure for drainage board hearings.
88.07 - General rules; drainage proceedings in court.
88.08 - Costs in drainage proceedings.
88.09 - Certiorari; drainage board decisions.
88.10 - Guardian ad litem; failure to appoint.
88.11 - Assistance to drainage districts.
88.12 - Proceedings when drainage area is in more than one county.
88.13 - Right to enter lands of drainage district.
88.14 - Controversies between districts.
88.145 - Limitation of damages and suits.
88.16 - Notification requirements, engineering study.
88.161 - Transition for certain drainage districts.
88.17 - Appointment and organization of drainage board.
88.172 - Limited liability of drainage board members.
88.18 - County treasurer to serve as treasurer of drainage districts.
88.19 - Board to keep records.
88.20 - Conflict of interest prohibited.
88.21 - General powers of the drainage board.
88.212 - Required actions for the drainage board.
88.22 - Power of board to contract with the federal government and other agencies.
88.23 - Power of board to levy assessments for costs.
88.24 - Board to file annual report.
88.27 - Who may petition for organization of a drainage district.
88.29 - Referral of petition to board; examination of lands; hearing by board.
88.31 - Special procedure in cases affecting navigable waters.
88.33 - Drainage project may be stopped prior to organization of district.
88.34 - Hearing by the court; organization of drainage district.
88.35 - Laying out drains, assessment of benefits and award of damages in newly organized district.
88.40 - Assessments for costs to be certified to register of deeds; assessments are lien on lands.
88.405 - Assessment for connection to district drain.
88.41 - Payment of assessments for costs.
88.42 - Unpaid drainage assessments to be collected as taxes.
88.43 - Collection of assessments as delinquent taxes.
88.44 - Contesting validity of assessments.
88.45 - Procedure upon discovering omitted assessments.
88.46 - Reassessment of benefits.
88.47 - Apportionment of assessments when assessed parcel is divided.
88.48 - Assessment of county and municipal lands.
88.49 - Assessment of one district by another; judgment against district.
88.50 - When state lands subject to assessment; right-of-way across state lands.
88.55 - Refunding district obligations.
88.56 - Compromise and discharge of obligations.
88.62 - Conditions relative to doing of work.
88.63 - Maintenance and repair of drains.
88.64 - Assessment against municipalities for enlargement or maintenance of drains.
88.66 - Construction and repair of drains crossing railroad right-of-way.
88.68 - Construction of drain across public highway; construction of bridges across drains.
88.69 - District liable for damage to land outside its boundaries.
88.70 - Formation of subdistrict to obtain more thorough drainage.
88.71 - Enlarging or supplementing existing drains.
88.72 - Removal of dams or other obstructions in drainage outlets.
88.73 - Providing drainage for lands assessed but not adequately drained.
88.77 - Annexation of lands upon petition of owners.
88.78 - Annexation of benefited lands.
88.785 - Certain annexations prohibited.
88.79 - Consolidation of drainage districts in process of organization.
88.791 - Consolidation of existing drainage districts.
88.80 - Withdrawal of lands from drainage district.
88.81 - Proceedings to suspend operations of drainage district.
88.815 - Dissolution of suspended drainage districts.
88.817 - Leola drainage district.
88.82 - Dissolution of drainage districts.
88.83 - Transfer of district to municipal jurisdiction.
88.88 - Railroad to construct ditch or sluiceway across right-of-way.
88.89 - Roads not to obstruct natural watercourse.
88.90 - Removal of obstructions from natural watercourses.
88.91 - Penalty for placing obstruction in ditches.
88.92 - Private drains not to be connected with district drains.