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PUBLIC SERVICE CORP. v. MARATHON COUNTY

No. 75-184.

75 Wis.2d 442 (1977)

249 N.W.2d 543

PUBLIC SERVICE CORPORATION, Respondent, v. MARATHON COUNTY, and others, Appellants.

Supreme Court of Wisconsin.

Decided January 18, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was argued by E. Gordon Young, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Foley & Lardner and oral argument by Allen W. Williams, Jr., all of Milwaukee.

BEILFUSS, C. J.

The overriding issue is whether the private public utility has a sufficient interest in land to require payment of just compensation for the removal and replacement of its power lines.

Basic to the controversy is Art. I, sec. 13 of the Wisconsin Constitution, which states: "The property of no person shall be taken for public use without just compensation therefor." Several statutory sections must also be considered and they will be referred...

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