State ex rel. Wis. State Dep't of Agric. v. Aarons

• Court: United States State Supreme Court of Wisconsin
• Writing for the Court: BARLOW
• Citation: 248 Wis. 419,22 N.W.2d 160
• Decision Date: 12 March 1946
• Parties: STATE ex rel. WISCONSIN STATE DEPARTMENT OF AGRICULTURE v. AARONS, Circuit Judge.

248 Wis. 419
22 N.W.2d 160

STATE ex rel. WISCONSIN STATE DEPARTMENT OF AGRICULTURE
v.
AARONS, Circuit Judge.

Supreme Court of Wisconsin.

March 12, 1946.

In re: Petition to bring original action of mandamus.

Petition denied.

Application by the State of Wisconsin on the relation of Wisconsin Department of Agriculture for leave to commence an original action in this court for the purpose of obtaining an alternative writ of mandamus to compel the Honorable Chas. L. Aarons, circuit judge, to appoint appraisers to award damages for property sought to be taken by the Wisconsin Department of Agriculture from the Chicago, Milwaukee, St. Paul & Pacific Railroad Co. for state park purposes in condemnation proceedings. Petition for the appointment of commissioners under ch. 32, Stats., was filed with the Honorable Chas. L. Aarons, circuit judge, on July 10, 1945. After hearing thereon the petition was dismissed.

The State of Wisconsin owns a parcel of land of approximately one hundred and thirty-five acres immediately south of lands owned by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, hereinafter referred to as ‘railroad company,’ which has been used for many years as the site of the annual Wisconsin State Fair, and in May, 1945, it acquired a tract of land consisting of about sixty-three acres immediately to the north of land owned by the said railroad company. All of the above land now owned by the state is under the control of the State Department of Agriculture, which now seeks to acquire, by condemnation, lands owned by the railroad company, comprising approximately eighteen and one-half acres lying between the two parcels now owned by the state, conditioned that the railroad company have an easement for its main track right of way across the north one hundred feet thereof. The tract sought to be acquired is two thousand six hundred and forty-five feet from east to west, four hundred and eleven feet wide at the westerly end, and two hundred and thirty-two feet at the easterly end. Henry A. Scandrett, Walter J. Cummings, and George I. Haight, trustees of the property of the railroad company, filed an answer in its behalf. After a hearing pursuant to sec. 32.05, Stats., where witnesses were sworn and testified, the circuit judge made and filed findings of fact and conclusions of law, and entered an order dismissing the petition.

[22 N.W.2d 162]

Anthony Madler, Asst. Atty. Gen., for petitioner.

Bender, Trump & McIntyre, of Milwaukee, for respondent.

BARLOW, Justice.

The question is whether this court should take jurisdiction. This is a condemnation proceeding under ch. 32 of the present revised statutes. Prior to its enactment provisions relating to condemnation proceedings were scattered all through the statutes and were far from uniform. Ch. 32 was passed as a uniform law providing a method for exercising the power of eminent domain. The material provisions are:

‘32.04. Petition. Any person desiring to acquire any property by condemnation shall present a verified petition therefor to the county or circuit judge of the county where such property is situated. * * *’

32.05 requires a hearing after service of notice upon all interested parties at least twenty days before said hearing.

‘32.08. Commissioners. If the petitioner be entitled to condemn the property or any portion thereof the judge shall appoint three freeholders * * * commissioners. * * *’

‘32.11. Appeal. Any party to a condemnation proceeding * * * may appeal from the award of the commissioners to the circuit court of the county by filing a notice of appeal in the office of the clerk of such court. * * * It shall thereupon proceed as an action in said court subject to all the provisions of law relating to actions originally brought therein. * * *’

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