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Section 49-16A-1 - Definitions of terms. - 49-16A-1. Definitions of terms. Terms used in this chapter mean:...
Section 49-16A-2 - Corporation law--Applicability to railroads. - 49-16A-2. Corporation law--Applicability to railroads. Every railroad operating in this...
Section 49-16A-3 - Chapters governing railroads. - 49-16A-3. Chapters governing railroads. All railroads, unless built and operated...
Section 49-16A-5 - Freight charges to be just and reasonable. - 49-16A-5. Freight charges to be just and reasonable. All charges...
Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined. - 49-16A-6. Freight charges to be uniformly applied--Unreasonable discrimination defined. A...
Section 49-16A-7 - Unreasonable discrimination prohibited. - 49-16A-7. Unreasonable discrimination prohibited. A railroad providing transportation or service...
Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony. - 49-16A-8. Transportation or service at cut rate or discrimination as...
Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual. - 49-16A-9. Failure to file or observe rates or tariffs as...
Section 49-16A-10 - Individual acts or omissions in scope of employment. - 49-16A-10. Individual acts or omissions in scope of employment. When...
Section 49-16A-11 - Venue of criminal prosecution. - 49-16A-11. Venue of criminal prosecution. Trial of a criminal action...
Section 49-16A-19 - Restraint of trade provisions applicable to railroads. - 49-16A-19. Restraint of trade provisions applicable to railroads. For the...
Section 49-16A-20 - Single-line rates as restraint of trade. - 49-16A-20. Single-line rates as restraint of trade. Except where permitted...
Section 49-16A-21 - Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize. - 49-16A-21. Through rates, joint rates or joint through rates not...
Section 49-16A-22 - Pooling agreements as restraint of trade. - 49-16A-22. Pooling agreements as restraint of trade. Any pooling agreement...
Section 49-16A-23 - Common carrier obligations--Limitation. - 49-16A-23. Common carrier obligations--Limitation. The common carrier obligations of a...
Section 49-16A-24 - Bill of lading or contract for carriage--Shipper's acceptance as assent to terms. - 49-16A-24. Bill of lading or contract for carriage--Shipper's acceptance as...
Section 49-16A-25 - Lien for freightage. - 49-16A-25. Lien for freightage. A railroad has a lien for...
Section 49-16A-26 - Preference to federal and state governments. - 49-16A-26. Preference to federal and state governments. A railroad must...
Section 49-16A-27 - Gratuitous shipment by railroad without reward--Duties. - 49-16A-27. Gratuitous shipment by railroad without reward--Duties. A railroad without...
Section 49-16A-28 - Directions of shipper--Conflicting directions--Delivery. - 49-16A-28. Directions of shipper--Conflicting directions--Delivery. A railroad must comply with...
Section 49-16A-29 - Delivery at nearest station absent usage to contrary. - 49-16A-29. Delivery at nearest station absent usage to contrary. If...
Section 49-16A-30 - Services other than carriage and delivery--Statutes governing. - 49-16A-30. Services other than carriage and delivery--Statutes governing. In respect...
Section 49-16A-31 - Delivery to connecting carrier--Liability to final destination. - 49-16A-31. Delivery to connecting carrier--Liability to final destination. If a...
Section 49-16A-32 - Railroad responsible for agents' acts. - 49-16A-32. Railroad responsible for agents' acts. A railroad, operating as...
Section 49-16A-33 - Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand. - 49-16A-33. Loss or injury of freight in possession of connecting...
Section 49-16A-34 - Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns. - 49-16A-34. Claim for loss, injury or overcharge--Railroad to respond within...
Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative. - 49-16A-35. Suit on claim--Interest--Attorney fee--Remedy cumulative. If any claim described...
Section 49-16A-36 - Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void. - 49-16A-36. Notice of loss, injury or claim--Minimum time to be...
Section 49-16A-37 - Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars. - 49-16A-37. Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring...
Section 49-16A-38 - Joint through rates required--Duty to receive and transport freight and cars. - 49-16A-38. Joint through rates required--Duty to receive and transport freight...
Section 49-16A-39 - Carload lots--Transfer to connecting road without added charge. - 49-16A-39. Carload lots--Transfer to connecting road without added charge. Carload...
Section 49-16A-40 - Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic. - 49-16A-40. Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate...
Section 49-16A-41 - Routing instructions by shipper. - 49-16A-41. Routing instructions by shipper. If freight is delivered to...
Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized. - 49-16A-42. Sale or lease of road, property, rights, privileges, and...
Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994. - 49-16A-43.1. Validation of defects in lease or sale made prior...
Section 49-16A-43.2 - Notice of sale of railroad property--Publication--Copy to be mailed to lessee. - 49-16A-43.2. Notice of sale of railroad property--Publication--Copy to be mailed...
Section 49-16A-44 - Report annually to department--Special reports and specific questions. - 49-16A-44. Report annually to department--Special reports and specific questions. In...
Section 49-16A-45 - Inspection of roads by department. - 49-16A-45. Inspection of roads by department. Upon reasonable notice the...
Section 49-16A-46 - Transfer of certain Public Utilities Commission functions to transportation department. - 49-16A-46. Transfer of certain Public Utilities Commission functions to transportation...
Section 49-16A-47 - Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired. - 49-16A-47. Department as sole representative of state in abandonment, consolidation,...
Section 49-16A-48 - Department of transportation--Interstate commerce violations--Duties. - 49-16A-48. Department of transportation--Interstate commerce violations--Duties. Whenever a resident of...
Section 49-16A-49 - Department of Transportation--Appearance before interstate commerce commission. - 49-16A-49. Department of Transportation--Appearance before interstate commerce commission. Whenever a...
Section 49-16A-50 - Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land. - 49-16A-50. Powers--Construction, operation and maintenance of roads across, along or...
Section 49-16A-51 - Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location. - 49-16A-51. Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration...
Section 49-16A-52 - Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree. - 49-16A-52. Powers--Equal privileges for tracks on landings and within municipalities--Failure...
Section 49-16A-53 - Changing grade or location for convenience of public travel. - 49-16A-53. Changing grade or location for convenience of public travel....
Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents. - 49-16A-54. Liability for damages from change--Time for damage claim--Notice--Nonresidents. A...
Section 49-16A-55 - Authorization to use public lands--Damage to occupant. - 49-16A-55. Authorization to use public lands--Damage to occupant. Each railroad...
Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way. - 49-16A-56. Authorization to use school or public lands--Width of right-of-way....
Section 49-16A-57 - Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds. - 49-16A-57. Plat of proposed road filed with commissioner of school...
Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad. - 49-16A-58. Issuance of certificate reserving school and public lands for...
Section 49-16A-59 - Filing as vesting right to use--Duration of right--Forfeiture for failure to use. - 49-16A-59. Filing as vesting right to use--Duration of right--Forfeiture for...
Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken--Ascertaining value of land. - 49-16A-60. Deed from Governor after construction of road and payment...
Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid. - 49-16A-61. Title relates back to filing--Subsequent grants invalid. The title...
Section 49-16A-62 - Other rights-of-way across deeded lands. - 49-16A-62. Other rights-of-way across deeded lands. Nothing in this chapter...
Section 49-16A-63 - Maps kept by commissioner of school and public lands--Noting and reserving right-of-way. - 49-16A-63. Maps kept by commissioner of school and public lands--Noting...
Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road. - 49-16A-64. Plat of proposed road filed with department--Grant of permit...
Section 49-16A-65 - Factors considered in assessing plat. - 49-16A-65. Factors considered in assessing plat. The Department of Transportation...
Section 49-16A-66 - Publicly constructed or acquired railroads as public highways. - 49-16A-66. Publicly constructed or acquired railroads as public highways. All...
Section 49-16A-69 - Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs. - 49-16A-69. Drainage necessitated by defect in railroad construction--Assessment of entire...
Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition. - 49-16A-71. Extension of fireguards along right-of-way--Condemnation procedure--Petition. Whenever a railroad...
Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width. - 49-16A-72. Extension of fireguards on unoccupied land--Right to burn--Maximum width....
Section 49-16A-73 - Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs. - 49-16A-73. Facilities for transferring freight or cars between railroads--Department's directions--Sharing...
Section 49-16A-74 - Facilities for transferring freight or cars between railroads--Judicial apportionment of costs. - 49-16A-74. Facilities for transferring freight or cars between railroads--Judicial apportionment...
Section 49-16A-75 - Eminent domain power--Authorization by Governor or commission required--Hearing on application. - 49-16A-75. Eminent domain power--Authorization by Governor or commission required--Hearing on...
Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain. - 49-16A-75.1. Commission to promulgate rules for railroad seeking to exercise...
Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity. - 49-16A-75.2. Railroad carries burden of proof to show public necessity....
Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal. - 49-16A-75.3. Determination of public use consistent with public necessity--Appeal. A...
Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession. - 49-16A-75.4. Proceedings to establish compensation--Physical possession. Upon a failure to...
Section 49-16A-76 - Powers--Acceptance of voluntary grants for railroad purposes. - 49-16A-76. Powers--Acceptance of voluntary grants for railroad purposes. Each railroad...
Section 49-16A-77 - Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken. - 49-16A-77. Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands...
Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation. - 49-16A-78. Entries upon land--Appropriation of land--Purposes of appropriation. Each railroad...
Section 49-16A-79 - Condemnation for spur tracks to serve industry. - 49-16A-79. Condemnation for spur tracks to serve industry. Each railroad...
Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys. - 49-16A-80. Entry and appropriation for changing location or grade--Surveys. For...
Section 49-16A-81 - Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree. - 49-16A-81. Right to use public way--Agreement with local authorities--Appropriation by...
Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court. - 49-16A-82. Purchase of land--Failure to agree upon price--Determination by circuit...
Section 49-16A-83 - Railroad-highway grade crossings. - 49-16A-83. Railroad-highway grade crossings. The Department of Transportation may require...
Section 49-16A-84 - Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade. - 49-16A-84. Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum...
Section 49-16A-85 - Temporary routes during change of grade construction. - 49-16A-85. Temporary routes during change of grade construction. A railroad,...
Section 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad. - 49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of...
Section 49-16A-87 - Crossing standards--Warning sign. - 49-16A-87. Crossing standards--Warning sign. Each railroad shall construct at all...
Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad. - 49-16A-88. Warning signs--Erection by county commissioners at expense of railroad....
Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department. - 49-16A-89. Crossings--Erection of lighting or alarms at order of department....
Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational. - 49-16A-89.1. Erection of stop signs until alarms or lighting operational....
Section 49-16A-89.2 - Alarm or lighting device required where railroad crosses state trunk highway system. - 49-16A-89.2. Alarm or lighting device required where railroad crosses state...
Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony. - 49-16A-90. Tampering with light or signal--False light or signal--Felony. Any...
Section 49-16A-91 - Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance. - 49-16A-91. Fenced lands--Duty of railroad to fence along right-of-way--Type of...
Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance. - 49-16A-92. Notice to railroad to erect fence--Contents of notice--Time for...
Section 49-16A-93 - Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad. - 49-16A-93. Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad. If...
Section 49-16A-94 - Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules. - 49-16A-94. Blocking of highway crossings--Employees not liable where blocking necessary...
Section 49-16A-96 - Bridges and abutments--Maintenance. - 49-16A-96. Bridges and abutments--Maintenance. Each railroad shall maintain and keep...
Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroad construction. - 49-16A-98. Restoration and maintenance of watercourses and highways affected by...
Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate. - 49-16A-100. Utility poles and wires on right-of-way--Commission to regulate. The...
Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation. - 49-16A-100.1. Right of utilities to cross over or under railroad...
Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way. - 49-16A-100.2. Definitions relating to utility crossing of railroad right-of-way. Terms...
Section 49-16A-100.3 - Notice and application for placement of utility facility across railroad right-of-way. - 49-16A-100.3. Notice and application for placement of utility facility across...
Section 49-16A-100.4 - Commencement of construction across railroad right-of-way_Exception. - 49-16A-100.4. Commencement of construction across railroad right-of-way--Exception. Thirty days after...
Section 49-16A-100.5 - Standard crossing fee--Flagging expense. - 49-16A-100.5. Standard crossing fee--Flagging expense. Unless otherwise agreed by the...
Section 49-16A-100.6 - Certificate of insurance or coverage for utilities crossing railroad right-of-way. - 49-16A-100.6. Certificate of insurance or coverage for utilities crossing railroad...
Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal. - 49-16A-100.7. Notice of objection by railroad--Petition for dispute resolution--Appeal. If...
Section 49-16A-100.8 - Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal. - 49-16A-100.8. Additional requirements imposed by railroad--Objection by utility--Petition for resolution...
Section 49-16A-100.9 - Existing agreements--Eminent domain. - 49-16A-100.9. Existing agreements--Eminent domain. Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive,...
Section 49-16A-100.10 - Application of §§ 49-16A-100.2 to 49-16A-100.9. - 49-16A-100.10. Application of §§49-16A-100.2 to 49-16A-100.9. Sections 49-16A-100.2 to 49-16A-100.9,...
Section 49-16A-102 - Railroad police--Appointment and employment by railroad. - 49-16A-102. Railroad police--Appointment and employment by railroad. A railroad organized...
Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant. - 49-16A-103. Railroad police--Authority to arrest--Procedure on arrest without warrant. Policemen...
Section 49-16A-104 - Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police. - 49-16A-104. Authority of regular law enforcement officers unaffected--Responsibility for acts...
Section 49-16A-105 - Entry upon railroad equipment while armed a felony. - 49-16A-105. Entry upon railroad equipment while armed a felony. No...
Section 49-16A-106 - Tampering with journal boxes a felony. - 49-16A-106. Tampering with journal boxes a felony. Any person who...
Section 49-16A-107 - Malicious destruction of railroad property a felony. - 49-16A-107. Malicious destruction of railroad property a felony. Any person...
Section 49-16A-108 - Malicious obstruction of tracks a felony. - 49-16A-108. Malicious obstruction of tracks a felony. Any person who...
Section 49-16A-108.1 - Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier. - 49-16A-108.1. Application of §§49-16A-107 and 49-16A-108 to tourist railroad carrier....
Section 49-16A-109 - Punishment for malicious interference with railroad where death results. - 49-16A-109. Punishment for malicious interference with railroad where death results....
Section 49-16A-110 - Insurance--Railroad may procure. - 49-16A-110. Insurance--Railroad may procure. Each railroad owning or operating a...
Section 49-16A-111 - Legislation relating to restraint of domestic animals or fences--Applicability to tracks. - 49-16A-111. Legislation relating to restraint of domestic animals or fences--Applicability...
Section 49-16A-112 - Abandonment of right-of-way--Occupation for three years by other users. - 49-16A-112. Abandonment of right-of-way--Occupation for three years by other users....
Section 49-16A-113 - Consideration for continued occupancy of right-of-way. - 49-16A-113. Consideration for continued occupancy of right-of-way. Continued occupancy of...
Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired. - 49-16A-114. Termination of right of occupancy unless right to continue...
Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims. - 49-16A-115. Abandonment of right-of-way on public or Indian lands--Title claims....
Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized. - 49-16A-116. Municipal claim to reverter in railroad property--Quit claim authorized....
Section 49-16A-117 - Filing of certain records related to property conveyances by a railroad to a railroad. - 49-16A-117. Filing of certain records related to property conveyances by...
Section 49-16A-118 - Effect of filing--Notice of rights and interests. - 49-16A-118. Effect of filing--Notice of rights and interests. Each record...
Section 49-16A-119 - Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor. - 49-16A-119. Trains prohibited from blocking streets, roads or highways during...