Title 69, Title 69

In any unincorporated community ordinarily known as a village or town where the public necessity and convenience require a railroad crossing at the intersection of the railroad with any street or highway, whether lawfully established or otherwise, which is commonly used by the pu…

If a board of county commissioners orders the construction of a railroad crossing, the board shall enter an order upon its minutes, specifying the place of the crossing. A copy of the order must be served upon the railroad company, and a copy must be immediately mailed to the pub…

It shall be the duty of a railroad company to construct a crossing ordered by the board of county commissioners of any county within 60 days after service of such order; provided, however, that in case any crossing shall be ordered requiring any extended period of construction, s…

(1) The commission may enforce the orders of any board of county commissioners for the construction of railroad crossings and may pass upon the reasonableness of any such order and modify, change, or annul the same. (2) Whenever any railroad crossing has been ordered by the count…

(1) No railroad crossing, other than a grade crossing, shall be ordered by any board of county commissioners. (2) (a) The public service commission may, however, upon petition or request in writing of any board of county commissioners, order an overhead or underground crossing at…

The board of county commissioners or the railroad company affected by an order or decision of the commission made pursuant to the provisions of 69-14-601 through 69-14-611 may commence an action in any court having jurisdiction to determine the justness and reasonableness of such…

In the event of an application to the commission to review any order made by the board of county commissioners and in the event of any action to review any order or decision of the commission, as herein provided, the time within which to comply with said order shall be extended a…

(1) Nothing contained in 69-14-601 through 69-14-611 affects the liability of a railroad company for damage to persons or property injured at a railroad crossing. (2) A railroad company or an employee of a railroad company may not be held liable for damages to persons or property…

Any railroad company failing to construct any crossing after the order or decision requiring the construction of same has become final, within the time herein provided or within any extension of time granted by the commission, shall for each day's failure pay to the state a fine …

Within 2 years after April 9, 1987, a railroad company shall install and maintain reflectorized material on the front and back sides of crossbuck blades on all public crossing signs the railroad company is required to construct and maintain under 69-14-602 and 69-14-603.

(1) For the purposes of this section, "quiet zone" means a segment of a railroad within which is situated one or a number of consecutive railroad crossings at which locomotive horns and bells are not routinely sounded. (2) A governing body of a municipality or a board of county c…

(1) It shall be unlawful for any corporation, association, or company to willfully obstruct, blockade, interfere with, or prevent the free use of any public highway within the state where such highway crosses any railroad track outside of incorporated cities and towns by stopping…

(1) Railroad corporations shall build and maintain a legal fence on both sides of their track and property and maintain cattle guards at all crossings over which cattle or other domestic animals cannot pass, except that a fence is not required in places where water ditches, emban…

(1) Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state which may fence its right-of-way shall make crossings through its fence and over its roadbed along its right-of-way every 4 miles thereof or as near thereat as may be prac…

The railroad company or lessee, person, company, or corporation operating any railroad shall place cattle guards on either side of the openings required by 69-14-702, sufficient to prevent any cattle from entering upon the right-of-way enclosed.

The railroad company, lessee, person, or company operating any railroad, in addition to the openings required by 69-14-702, shall leave unfenced any places where the railroad runs over trestles that are sufficiently high for cattle to go underneath the same.

The provisions of 69-14-702 through 69-14-706 shall only apply to grazing country.

Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state violating the provisions of 69-14-702 through 69-14-705 shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fin…

Every railroad corporation or company operating any railroad or branch thereof within the limits of this state which shall negligently injure or kill any horse, mare, gelding, filly, jack, jenny, mule, cow, heifer, bull, ox, steer, calf, or other domestic animal by running any en…

(1) A railroad company must report to the department of livestock any livestock killed or injured by a train or railroad equipment on the railroad right-of-way within 30 days after the killing or injuring of any livestock. (2) A railroad company failing to provide the notice prov…

(1) Except as provided in subsection (2), whenever any of the livestock referred to in this part are injured or killed and the owner brings an action for the recovery of the loss or damage sustained, the court in which the action is brought shall impose, as a part of the costs, a…

If a corporation, association, company, or person owning, controlling, or operating a railroad or branch of a railroad kills or injures an animal as described in 69-14-707 and tenders to the owner or to the owner's agent the amount that the corporation, association, company, or p…

(1) If livestock are killed by railroad corporations in violation of 69-14-701 and if the owner of the livestock does not claim or assert a claim against the railroad or railroad corporation for the value of the livestock killed within 6 months from the date the animal is killed,…

(1) Except as otherwise provided in this chapter, a person who violates any of the provisions of 69-14-701 through 69-14-711 relating to livestock killed or injured by railroads is guilty of a misdemeanor. (2) A person violating any of the provisions of 69-14-711 shall upon convi…

Upon determining liability for the amount of the value of an animal killed or maimed under the circumstances described in 69-14-701, the railroad corporation shall pay the plaintiff within 30 days. Upon failure to pay the plaintiff within 30 days, interest at a rate of 10% a year…

A railroad corporation or railroad company operating a railroad within this state shall keep its railroad track and either side of the track for a reasonable distance within its right-of-way, free from dead grass, weeds, or any dangerous or combustible material. A railroad corpor…

(1) Every railroad corporation operating its lines of road or any part thereof within this state shall, between April 15 and July 1 in each year, plow in a good and workmanlike manner, covering the sod well, upon each side of its line of road, wherever it passes through a range o…

(1) Any person, firm, or corporation desirous of erecting and operating at or contiguous to any railway station or siding a warehouse or elevator for the purchase, sale, shipment, or storage of grain, including flaxseed, for the public for hire may make application in writing, co…

It shall be the duty of any person, firm, or corporation to whom application is made for the right to erect and maintain an elevator or warehouse under the provisions of 69-14-901 through 69-14-911, within 30 days after the receipt of such application, to notify said applicant in…

(1) In case the amount so named in the application and tendered is not accepted and the parties cannot agree on the amount to be paid for such right, privilege, and easement, the same shall be ascertained, assessed, and determined by proceedings in the district court of the count…

(1) The parties seeking the right, privilege, and easement aforesaid shall present to and file with the district court a petition in writing and under oath, specifying and describing the right, privilege, and easement sought, the time for which the same is sought, and the fact th…

Within 30 days after the entry of said judgment, as hereinbefore provided, but not later, an appeal may be taken by either party to the supreme court. Such appeal shall not stay or hinder the use or enjoyment to the fullest extent of the right, privilege, and easement asked for b…

Costs and disbursements, as in civil actions, in each court shall be paid by the unsuccessful party. If the finding of the court or jury is for a less or the same amount as tendered by the petitioner before instituting the proceedings, then the petitioner shall be deemed the succ…

All elevators and warehouses erected and maintained under the provisions of 69-14-901 through 69-14-911 shall be deemed public elevators and public warehouses and shall be subject to legislative control.

In case the annual rental is elected, the same shall be paid yearly in advance, and if not so paid after 30 days' default, the right, privilege, and easement aforesaid shall be absolutely forfeited.

Any person, firm, or corporation availing itself of the provisions of 69-14-901 through 69-14-911 shall, within 60 days after the amount to be paid for the easement acquired thereunder is finally determined, by agreement or by proceedings in court, commence the erection of the wa…

(1) Every railroad company or corporation organized under the laws of this state or doing business therein shall, upon application in writing, provide reasonable sidetrack facilities and running connections between its main track and elevators and warehouses upon or contiguous to…

Such elevators and warehouses shall not be constructed within 100 feet of any existing structure and shall be at safe fire distance from the station buildings and so as not essentially to conflict with the safe and convenient operation of the road.

(1) All cars furnished by railroad or railway companies for the transportation of grain or other commodities in bulk must be constructed to prevent leakage when such commodities are placed or hauled in the cars. It is the duty of all railroad or railway companies to furnish cars …

(1) If a railroad or railway company fails within 24 hours after written complaint has been made by the shipper or the shipper's representative to clean and prepare a car or cars, then the shipper or the shipper's representative may properly and safely clean and prepare the car o…

It is further provided that no demurrage shall accrue or be collected for the time elapsing while such car or cars are being repaired or cleaned or coopered in accordance herewith.

A person making the repairs upon or cleaning or coopering the cars of any railroad or railway company as provided in this part may recover the amounts expended in an action at law upon the refusal of the railroad or railway company to reimburse the person.

It is hereby made the duty of the commission to enforce the provisions of 69-14-921 through 69-14-924.

As used in 69-14-932 and this section, the following definitions apply: (1) "Fair market value" means: (a) the price negotiated between the parties under 69-14-932; or (b) the appraised value as determined by a certified appraisal under 69-14-932. (2) "Leaseholder" means a person…

(1) A person or entity that has a leasehold site between a point 8.5 feet from the centerline of the track nearest the edge of the right-of-way and 300 feet from the track centerline and that uses the leasehold for transporting grain, seed, or related agricultural input commoditi…