Section 192.37. Fences, farm crossings; railroads to provide.

 

(1)  Whenever any corporation operates a railroad through enclosed lands and fails to construct the fences, farm crossings or cattle guards required by law, proper for the use of the enclosed lands, the owner or occupant of the lands may give notice to the railroad corporation of its failure to construct the necessary fences, farm crossings and cattle guards on the owner's or occupant's enclosed lands.

(2)  The notice under sub. (1) shall meet all of the following requirements:

(a) It shall be in writing, signed by the owner or occupant of the enclosed lands.

(b) It shall contain a description of the owner's or occupant's enclosed lands.

(c) It shall be served in the manner provided for the service of summons in the circuit court.

(3)  If a railroad corporation, after being notified under this section, neglects for 3 months to construct the necessary fences, farm crossings and cattle guards on the lands described in the notice, it shall be liable to pay to the owner or occupant of the described lands $10 for each day after the expiration of the 3 months until the necessary fences, farm crossings and cattle guards are constructed. No time between November 1 and April 1 shall be included in the calculation of the 3-month period under this subsection.

1993 a. 482 ; 1997 a. 254 .