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CHAPTER 49-16A

INTRASTATE RAILROAD REGULATION

49-16A-1      Definitions of terms.
49-16A-2      Corporation law--Applicability to railroads.
49-16A-3      Chapters governing railroads.
49-16A-4      Repealed.
49-16A-5      Freight charges to be just and reasonable.
49-16A-6      Freight charges to be uniformly applied--Unreasonable discrimination defined.
49-16A-7      Unreasonable discrimination prohibited.
49-16A-8      Transportation or service at cut rate or discrimination as felony.
49-16A-9      Failure to file or observe rates or tariffs as felony--Corporation or individual.
49-16A-10      Individual acts or omissions in scope of employment.
49-16A-11      Venue of criminal prosecution.
49-16A-12 to 49-16A-18. Repealed.
49-16A-19      Restraint of trade provisions applicable to railroads.
49-16A-20      Single-line rates as restraint of trade.
49-16A-21      Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.
49-16A-22      Pooling agreements as restraint of trade.
49-16A-23      Common carrier obligations--Limitation.
49-16A-24      Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
49-16A-25      Lien for freightage.
49-16A-26      Preference to federal and state governments.
49-16A-27      Gratuitous shipment by railroad without reward--Duties.
49-16A-28      Directions of shipper--Conflicting directions--Delivery.
49-16A-29      Delivery at nearest station absent usage to contrary.
49-16A-30      Services other than carriage and delivery--Statutes governing.
49-16A-31      Delivery to connecting carrier--Liability to final destination.
49-16A-32      Railroad responsible for agents' acts.
49-16A-33      Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand.
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-35      Suit on claim--Interest--Attorney fee--Remedy cumulative.
49-16A-36      Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void.
49-16A-37      Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars.
49-16A-38      Joint through rates required--Duty to receive and transport freight and cars.
49-16A-39      Carload lots--Transfer to connecting road without added charge.
49-16A-40      Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic.
49-16A-41      Routing instructions by shipper.
49-16A-42      Sale or lease of road, property, rights, privileges, and franchises authorized.
49-16A-43      Repealed.
49-16A-43.1      Validation of defects in lease or sale made prior to January 1, 1994.
49-16A-43.2      Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
49-16A-44      Report annually to department--Special reports and specific questions.
49-16A-45      Inspection of roads by department.


49-16A-46      Transfer of certain Public Utilities Commission functions to transportation department.
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-48      Department of transportation--Interstate commerce violations--Duties.
49-16A-49      Department of Transportation--Appearance before interstate commerce commission.
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-51      Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.
49-16A-52      Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
49-16A-53      Changing grade or location for convenience of public travel.
49-16A-54      Liability for damages from change--Time for damage claim--Notice--Nonresidents.
49-16A-55      Authorization to use public lands--Damage to occupant.
49-16A-56      Authorization to use school or public lands--Width of right-of-way.
49-16A-57      Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
49-16A-58      Issuance of certificate reserving school and public lands for railroad.
49-16A-59      Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
49-16A-60      Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
49-16A-61      Title relates back to filing--Subsequent grants invalid.
49-16A-62      Other rights-of-way across deeded lands.
49-16A-63      Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.
49-16A-64      Plat of proposed road filed with department--Grant of permit to construct road.
49-16A-65      Factors considered in assessing plat.
49-16A-66      Publicly constructed or acquired railroads as public highways.
49-16A-67, 49-16A-68. Repealed.
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-70      Repealed.
49-16A-71      Extension of fireguards along right-of-way--Condemnation procedure--Petition.
49-16A-72      Extension of fireguards on unoccupied land--Right to burn--Maximum width.
49-16A-73      Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.
49-16A-74      Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.
49-16A-75      Eminent domain power--Authorization by Governor or commission required--Hearing on application.
49-16A-75.1      Commission to promulgate rules for railroad seeking to exercise eminent domain.
49-16A-75.2      Railroad carries burden of proof to show public necessity.
49-16A-75.3      Determination of public use consistent with public necessity--Appeal.
49-16A-75.4      Proceedings to establish compensation--Physical possession.
49-16A-76      Powers--Acceptance of voluntary grants for railroad purposes.
49-16A-77      Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.
49-16A-78      Entries upon land--Appropriation of land--Purposes of appropriation.
49-16A-79      Condemnation for spur tracks to serve industry.
49-16A-80      Entry and appropriation for changing location or grade--Surveys.
49-16A-81      Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.
49-16A-82      Purchase of land--Failure to agree upon price--Determination by circuit court.
49-16A-83      Railroad-highway grade crossings.
49-16A-84      Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.
49-16A-85      Temporary routes during change of grade construction.
49-16A-86      Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
49-16A-87      Crossing standards--Warning sign.
49-16A-88      Warning signs--Erection by county commissioners at expense of railroad.
49-16A-89      Crossings--Erection of lighting or alarms at order of department.
49-16A-89.1      Erection of stop signs until alarms or lighting operational.
49-16A-89.2      Alarm or lighting device required where railroad crosses state trunk highway system.
49-16A-90      Tampering with light or signal--False light or signal--Felony.
49-16A-91      Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
49-16A-92      Notice to railroad to erect fence--Contents of notice--Time for compliance.
49-16A-93      Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
49-16A-94      Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.
49-16A-95      Repealed.
49-16A-96      Bridges and abutments--Maintenance.
49-16A-97      Repealed.
49-16A-98      Restoration and maintenance of watercourses and highways affected by railroad construction.
49-16A-99      Repealed.
49-16A-100      Utility poles and wires on right-of-way--Commission to regulate.
49-16A-100.1      Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.
49-16A-100.2      Definitions relating to utility crossing of railroad right-of-way.
49-16A-100.3      Notice and application for placement of utility facility across railroad right-of-way.
49-16A-100.4      Commencement of construction across railroad right-of-way_Exception.
49-16A-100.5      Standard crossing fee--Flagging expense.
49-16A-100.6      Certificate of insurance or coverage for utilities crossing railroad right-of-way.
49-16A-100.7      Notice of objection by railroad--Petition for dispute resolution--Appeal.
49-16A-100.8      Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.
49-16A-100.9      Existing agreements--Eminent domain.
49-16A-100.10      Application of §§ 49-16A-100.2 to 49-16A-100.9.
49-16A-101      Repealed.
49-16A-102      Railroad police--Appointment and employment by railroad.
49-16A-103      Railroad police--Authority to arrest--Procedure on arrest without warrant.
49-16A-104      Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.
49-16A-105      Entry upon railroad equipment while armed a felony.
49-16A-106      Tampering with journal boxes a felony.
49-16A-107      Malicious destruction of railroad property a felony.
49-16A-108      Malicious obstruction of tracks a felony.
49-16A-108.1      Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
49-16A-109      Punishment for malicious interference with railroad where death results.
49-16A-110      Insurance--Railroad may procure.
49-16A-111      Legislation relating to restraint of domestic animals or fences--Applicability to tracks.
49-16A-112      Abandonment of right-of-way--Occupation for three years by other users.
49-16A-113      Consideration for continued occupancy of right-of-way.
49-16A-114      Termination of right of occupancy unless right to continue acquired.
49-16A-115      Abandonment of right-of-way on public or Indian lands--Title claims.
49-16A-116      Municipal claim to reverter in railroad property--Quit claim authorized.
49-16A-117      Filing of certain records related to property conveyances by a railroad to a railroad.
49-16A-118      Effect of filing--Notice of rights and interests.
49-16A-119      Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.


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