Public Service Corp. v. Marathon County

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 to below.

In 1950, the plaintiff, Wisconsin Public Service Corporation, pursuant to permits and authorization issued between 1919 and 1941 under sec. 86.16,…