INTRASTATE RAILROAD REGULATION
Definitions of terms.
Corporation law--Applicability to railroads.
Chapters governing railroads.
Freight charges to be just and reasonable.
Freight charges to be uniformly applied--Unreasonable discrimination defined.
Unreasonable discrimination prohibited.
Transportation or service at cut rate or discrimination as felony.
Failure to file or observe rates or tariffs as felony--Corporation or individual.
Individual acts or omissions in scope of employment.
Venue of criminal prosecution.
49-16A-12 to 49-16A-18. Repealed.
Restraint of trade provisions applicable to railroads.
Single-line rates as restraint of trade.
Through rates, joint rates or joint through rates not restraint of trade unless intent
or effect to monopolize.
Pooling agreements as restraint of trade.
Common carrier obligations--Limitation.
Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
Lien for freightage.
Preference to federal and state governments.
Gratuitous shipment by railroad without reward--Duties.
Directions of shipper--Conflicting directions--Delivery.
Delivery at nearest station absent usage to contrary.
Services other than carriage and delivery--Statutes governing.
Delivery to connecting carrier--Liability to final destination.
Railroad responsible for agents' acts.
Loss or injury of freight in possession of connecting carrier--Proof to shipper on
Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill
of lading or shipping receipt to accompany claim--Returns.
Suit on claim--Interest--Attorney fee--Remedy cumulative.
Notice of loss, injury or claim--Minimum time to be allowed--Contrary
contractual provision void.
Interchange facilities required--Discrimination between connecting roads
prohibited--Switching and transferring cars.
Joint through rates required--Duty to receive and transport freight and cars.
Carload lots--Transfer to connecting road without added charge.
Connecting roads--Intrastate shipments--Reasonable through rates--Same
facilities as for interstate traffic.
Routing instructions by shipper.
Sale or lease of road, property, rights, privileges, and franchises authorized.
Validation of defects in lease or sale made prior to January 1, 1994.
Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
Report annually to department--Special reports and specific questions.
Inspection of roads by department.
Transfer of certain Public Utilities Commission functions to transportation
Department as sole representative of state in abandonment, consolidation, merger
and inclusion proceedings--Attorney general's duties--Rights not impaired.
Department of transportation--Interstate commerce violations--Duties.
Department of Transportation--Appearance before interstate commerce
Powers--Construction, operation and maintenance of roads across, along or over
watercourses and highways--Overpasses and underpasses--Changing course of
Powers--Crossing, intersecting and connecting railroads--Failure of railroads to
agree--Alteration of grade or location.
Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
Changing grade or location for convenience of public travel.
Liability for damages from change--Time for damage claim--Notice--Nonresidents.
Authorization to use public lands--Damage to occupant.
Authorization to use school or public lands--Width of right-of-way.
Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
Issuance of certificate reserving school and public lands for railroad.
Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
Title relates back to filing--Subsequent grants invalid.
Other rights-of-way across deeded lands.
Maps kept by commissioner of school and public lands--Noting and reserving
Plat of proposed road filed with department--Grant of permit to construct road.
Factors considered in assessing plat.
Publicly constructed or acquired railroads as public highways.
, 49-16A-68. Repealed.
Drainage necessitated by defect in railroad construction--Assessment of entire
expense against railroad--Assessment against complainant or apportionment in
Extension of fireguards along right-of-way--Condemnation procedure--Petition.
Extension of fireguards on unoccupied land--Right to burn--Maximum width.
Facilities for transferring freight or cars between railroads--Department's
directions--Sharing of costs.
Facilities for transferring freight or cars between railroads--Judicial
apportionment of costs.
Eminent domain power--Authorization by Governor or commission required--Hearing on application.
Commission to promulgate rules for railroad seeking to exercise eminent domain.
Railroad carries burden of proof to show public necessity.
Determination of public use consistent with public necessity--Appeal.
Proceedings to establish compensation--Physical possession.
Powers--Acceptance of voluntary grants for railroad purposes.
Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.
Entries upon land--Appropriation of land--Purposes of appropriation.
Condemnation for spur tracks to serve industry.
Entry and appropriation for changing location or grade--Surveys.
Right to use public way--Agreement with local authorities--Appropriation by
railroad upon failure to agree.
Purchase of land--Failure to agree upon price--Determination by circuit court.
Railroad-highway grade crossings.
Authority to change grade of highway--Particular highways--Maintenance of
Temporary routes during change of grade construction.
Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of
Crossing standards--Warning sign.
Warning signs--Erection by county commissioners at expense of railroad.
Crossings--Erection of lighting or alarms at order of department.
Erection of stop signs until alarms or lighting operational.
Alarm or lighting device required where railroad crosses state trunk highway
Tampering with light or signal--False light or signal--Felony.
Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
Notice to railroad to erect fence--Contents of notice--Time for compliance.
Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
Blocking of highway crossings--Employees not liable where blocking necessary
under state or federal rules.
Bridges and abutments--Maintenance.
Restoration and maintenance of watercourses and highways affected by railroad
Utility poles and wires on right-of-way--Commission to regulate.
Right of utilities to cross over or under railroad right-of-way--Fee--Regulation
Definitions relating to utility crossing of railroad right-of-way.
Notice and application for placement of utility facility across railroad right-of-way.
Commencement of construction across railroad right-of-way_Exception.
Standard crossing fee--Flagging expense.
Certificate of insurance or coverage for utilities crossing railroad right-of-way.
Notice of objection by railroad--Petition for dispute resolution--Appeal.
Additional requirements imposed by railroad--Objection by utility--Petition for
resolution of objection--Appeal.
Existing agreements--Eminent domain.
Application of §§ 49-16A-100.2 to 49-16A-100.9.
Railroad police--Appointment and employment by railroad.
Railroad police--Authority to arrest--Procedure on arrest without warrant.
Authority of regular law enforcement officers unaffected--Responsibility for acts
of railroad police.
Entry upon railroad equipment while armed a felony.
Tampering with journal boxes a felony.
Malicious destruction of railroad property a felony.
Malicious obstruction of tracks a felony.
Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
Punishment for malicious interference with railroad where death results.
Insurance--Railroad may procure.
Legislation relating to restraint of domestic animals or fences--Applicability to
Abandonment of right-of-way--Occupation for three years by other users.
Consideration for continued occupancy of right-of-way.
Termination of right of occupancy unless right to continue acquired.
Abandonment of right-of-way on public or Indian lands--Title claims.
Municipal claim to reverter in railroad property--Quit claim authorized.
Filing of certain records related to property conveyances by a railroad to a
Effect of filing--Notice of rights and interests.
Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.
Get Chapter 49-16A