200.41 Noncontractual sewerage service. (1) Notwithstanding ss. 66.0821 and 200.55 (5), if the commission establishes a system to recover capital costs within the district on the basis of the value of property in the area to be served, as
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
equalized under s. 70.57, the commission shall establish a system of sewerage service charges to recover capital costs which shall be used with respect to any area which is served by the district and which is outside the boundaries of the district and outside of any municipality which has contracted with the district under s. 200.39. The charges shall be equal to the amount the commission would be authorized to levy as taxes upon the area served if the area were within the district’s boundaries. (2) Any charge made by the district under this section is reviewable under s. 200.59 (5) if the charge has been paid. (3) Section 200.55 (5) (b) and (d) apply to charges assessed under this section. (4) The commission may charge municipalities assessed under this section reasonable interest for late payments. History: 1985 a. 29; 1999 a. 150 s. 586; Stats. 1999 s. 200.41. This section is unconstitutional; it was passed in violation of Art. IV, s. 18. Brookfield v. Milwaukee Sewerage District, 144 Wis. 2d 896, 426 N.W.2d 591 (1988).
200.43
Acquisition of property. (1) GENERAL POWER OF The commission may acquire by gift, purchase, lease or other methods of acquisition or by condemnation, any real property situated in the state and all tenements, hereditaments and appurtenances belonging or in any way appertaining to, or in any interest, franchise, easement, right or privilege therein, that may be needed for the purpose of projecting, planning, constructing and maintaining the sewerage system, that may be needed for the collection, transmission or disposal of all sewage or drainage of the district or that may be needed for improving any river or stream within the district under s. 200.35 (8) (a) or (b). (2) ALTERING STREAMS OVER PRIVATE LANDS. No stream over private lands may be altered unless the commission acquires the lands under sub. (1) or unless the governing body of the village, town or city in which the stream is located approves the proposed alteration. (3) CONDEMNATION. Section 32.05 controls the process of condemnation under this section. The commission shall establish the public necessity for any acquisition by condemnation. (4) CONVEYANCE OF PROPERTY ACQUIRED. All property, real or personal, acquired by the commission shall be taken for the benefit of and shall belong to the district. The commission may convey any part of its interest in real or personal property it has acquired that is not needed to carry out the powers and duties of the commission. THE COMMISSION.
History: 1981 c. 282, 391; 1999 a. 150 s. 587; Stats. 1999 s. 200.43.