Title 39, Title 39 Utilities and Carriers

The superior court shall have the same power and jurisdiction over the cases referred to in §§ 39-6-11 and 39-6-12 as the court of common pleas, or special courts of common pleas, or common pleas division of the supreme court, formerly had by charter or by general law.

If any person having lawful claims upon any railroad corporation for overcharge for freight or passage, or for injury or loss of merchandise, or for damage by unlawful or unwarrantable delay in the transportation or delivery of merchandise, or for injury to the person, or for the…

Any railroad company incorporated under the laws of this state and operating a railroad in this state may acquire, own, maintain, and operate, either directly or through subsidiary corporations, aircraft for the transportation of passengers and property subject to provisions of a…

Railroad corporations that are subject to the provisions of this chapter, whose roads are now operated by power other than electricity, may operate or contract for the operation of their roads with electric power, in such manner and with such changes in their roadbed or tracks as…

Railroad corporations and street railroad companies may contract that either shall perform transportation of persons and property upon and over the whole or any part of the road of the other, so far as the other has then the right by law to perform the transportation, and may con…

The facilities for travel and business on either of the roads of any corporations acting under the provisions of §§ 39-6-16 — 39-6-18 shall not be diminished by the terms or conditions of any agreement under this chapter, and copies of all contracts made under the provisions of t…

In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall n…

Every railroad or portion of a railroad built in this state for public use, by itself or in connection with any other railroad, without charter or license first had and obtained from the general assembly, is declared to be a public nuisance.

The contracts herein authorized shall be recorded by the secretary of state in a book of records to be kept for that purpose. And on payment in full of the purchase money, and the performance of the terms and conditions stipulated in any contract, a declaration in writing to that…

Sections 39-6-19 and 39-6-20 shall not be held to invalidate or affect in any way any contract made prior to February 21, 1893, of the kind referred to in § 39-6-19, and any contract theretofore made may, upon compliance with the provisions of §§ 39-6-19 and 39-6-20, be recorded …

Whenever any railroad corporation shall mortgage or convey in trust its railroad or railroad property, or any part thereof, to trustees, for the security of its bondholders or other creditors, or for the security of any class of bondholders or other creditors, and the trustees sh…

Whenever any railroad corporation, the charter whereof requires the directors to make an annual report to the general assembly, shall have passed into the hands of trustees, the trustees, instead of the directors, shall make the report while the road remains in their hands, which…

The franchise and property of a railroad corporation may be redeemed by it, or any mortgagee thereof, from sale on execution by paying or tendering to the purchaser the sum paid therefor at the sale, with interest, at any time within sixty (60) days after the final determination …

The purchaser of any railroad or street railway and of the property, rights, privileges, and franchises therewith connected, at a sale under a valid foreclosure of a legal mortgage thereof, or at a valid sale under the power of sale of the mortgage, or at a valid sale under the o…

Any purchaser of any railroad or street railway, and of any corresponding property, rights, privileges, and franchises, shall have the right and is hereby authorized and empowered to sell, assign, transfer, and convey all and each railroad or street railway and the property, righ…

(a) The public utilities administrator is hereby authorized to promulgate and enforce reasonable rules and regulations relating to safety, sanitation, and adequate shelter as affecting the welfare and health of railroad trainpersons, engine persons, yard persons, maintenance of w…

Whenever maintenance of way crews or employees are working in the area of double or multiple railroad tracks, the following safety precautions shall be mandatory: (1) All trains shall be notified of the location of the crews or employees by mile markers or mile posts by train ord…

(a) Every railroad corporation and railway company shall provide or make available to every member of an operating crew involved in an accident on its railway or right of way that results in loss of life or serious bodily injury, counseling services or other critical incident str…

(a) It shall be unlawful for any corporation or individual to maintain, equip, or use within the state, any railroad caboose car, a rider car, or any car used as either a caboose car or rider car, unless the car is equipped with suitable and adequate water supply to provide for s…

In addition to the remedy by indictment for the nuisance, the attorney general shall, for the purpose of abating any nuisance, file on the part of the state, in the superior court, a civil action or information against any person or corporation who or that shall build any railroa…

As a condition of his or her approval of any abandonment of railroad facilities, not including a relocation by a carrier or carriers by railroad subject to the provisions of this title, the public utilities administrator shall require a fair and equitable arrangement to protect t…

The general assembly finds and declares that the preservation of open spaces and the orderly control and development of unused or undeveloped land bears a substantial relationship to the public health, safety, and welfare of the people of this state. When a railroad is granted pe…

Whenever any railroad is granted permission to abandon any rail line by the Interstate Commerce Commission and ceases to be used by the railroad claiming title thereto, and within one year thereafter the head of any department, board, bureau, commission, or agency of the state go…

If the railroad shall agree with the acquiring authority upon the sum to be paid, and the price shall be approved by the state properties committee, the sum agreed shall be paid to the railroad upon delivery of proper instruments of conveyance. If no agreement as to the price to …

The president and directors of every railroad corporation shall maintain, by themselves or by an executive committee of the directors, a watchful supervision over the management of their road.

Every stockholder of any railroad corporation incorporated within this state may, at all reasonable times, examine the books, papers, and accounts of the corporation in which he or she is a stockholder; and if any clerk or other officer of any railroad corporation having the cust…

No railroad corporation shall enter upon or use the land or materials located for the use of its railroad, except for the purpose of making surveys, until the corporation shall have given such security for the payment of all damages as shall be finally awarded for the land or mat…

Any railroad corporation chartered by the general assembly of this state may, at any time before final court confirmation of the report of the commissioners appointed by any court, under the provisions of its charter and of law, to estimate all damages that any person shall susta…

Any and all lands, materials, and their appurtenances, covered by an abandoned location, that may have been taken or used and not paid for by the railroad company before abandonment, shall immediately, on the report thereof to such court as provided in § 39-6-7, revert to, and th…

No length of possession, user, or occupancy of land belonging to a railroad corporation by an owner or occupier of adjoining land shall hereafter create any right in or to the land of the corporation in an adjoining owner or occupant or in any person claiming under him or her.