187 Wis. 380 | Wis. | 1925
The sole question raised upon this appeal is whether or not ch. 255 of the Laws of 1919 is retroactive. On behalf of the plaintiff it is contended that there was no project as to which it could be said that the high
“The Wisconsin highway commission respectfully represents and shows that it has relocated and improved state trunk highway No. 19 between Watertown and Ixonia, Jefferson county.”
The prayer for relief was:
“We therefore petition your commission to make such investigations, hold such hearing as may be necessary to determine the benefit derived by said railway company from said relocation, and to issue such orders in the matter as may be justified by the law and facts.”
Where the land had been purchased and paid for prior to the enactment of the statute, the relocation was complete when the statute was enacted. If the Railroad Commission under the statute in question has authority to assess benefits where the location is complete at the time the statute was enacted, it might go back indefinitely. If it can go back two months it can go back twelve. The general rule is that a statute which confers a new right is not to be given retroactive effect unless the intention that it shall act retroactively is clearly expressed. Read v. Madison, 162 Wis. 94, 155 N. W. 954; Quinn v. C., M. & St. P. R. Co. 141 Wis. 497, 124 N. W. 653; Lans-Owen & Co. v. Garage E. Mfg. Co. 151 Wis. 555, 139 N. W. 393; Sutherland, Stat. Constr. § 463.
The statute by its terms applies only to those projects which are in process of relocation or where the relocation project shall thereafter be undertaken. Here all that ever could be done to divert traffic had been done so far as the relocation was concerned. All that remained to be done when the statute was enacted was to improve the right of way already acquired.
It is contended by the defendant that the question of whether the statute was intended by the legislature to he retroactive is not involved and need not be passed upon in
By the Court. — Judgment of the circuit court is reversed, with directions to enter judgment setting aside and vacating the order of the Railroad Commission entered December 5, 1922, requiring the plaintiff to pay to the treasurer of Jefferson county, Wisconsin, the sum of $3,000.