Section 94.28. Arbitrators to fix damages.

 

(1)  If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under s. 94.27 , the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.

(2)  

(a) The persons selected as arbitrators under sub. (1) shall, within 20 days after notice of their appointment, do all of the following:

1. Appoint a disinterested 3rd person to act as arbitrator with them.

2. Fix a time and place at which the arbitrators shall meet to determine the claimant's damages.

3. Give notice of the appointment of the 3rd arbitrator and the time and place of hearing to the interested parties.

(b) At the time and place fixed under par. (a) 2. , the arbitrators shall view the premises and hear the proofs and allegations of the parties. Within 10 days thereafter, the arbitrators, or any 2 of them, shall make duplicate statements of the proceedings had by them and of the amount that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for the arbitrators' fees and the costs of the proceedings. The arbitrators shall deliver a copy of the statement and order to each party. Within 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal is taken as provided under s. 94.29 .

1993 a. 492 ; 1997 a. 253 .