Title 58, Public Utilities, Services and Carriers

Every violation of the provisions of Section 58-15-1110 shall equally be held to have been committed in the county in which such act is finally carried out or in which any illegal charge is collected, as well as that in which the act or charge is ordered or agreed upon or any ste…

Every person taking part in any such violation in any way, even in carrying out the orders of superior officers or in collecting the proceeds of any illegal charge, shall be equally guilty of a violation of Section 58-15-1110.

Each act done in violation of such Act to Regulate Commerce, its amendments or orders of said commission, and each separate failure to obey the same or discrimination, preference, or overcharge to each separate person shall constitute, both as to the railroad company offending or…

Upon the issuance of a charter by the Secretary of State, the board of incorporators shall turn over to the proper officers of the corporation all subscription lists or other papers they have taken as incorporators and all such papers shall be as valid as if taken and made by the…

A railroad, street railway or canal company organized under this chapter shall be deemed to have waived its charter rights, franchises and privileges unless it shall begin the construction of the proposed road within two years from the date of the issuance of its charter and comp…

No capital stock shall be issued by any corporation organized under this chapter until the subscription price therefor has been fully paid, except when, by the terms of the petition, the capital stock is to be paid for in installments and payment of the deferred portion has been …

A railroad corporation may issue common stock in shares having no par value on stating in its declaration and petition the number of such shares to be issued in lieu of the par value thereof and the minimum and maximum amount thereof.

The Public Service Commission may provide such rules and regulations with reference to the crossing of railroad tracks by public highways as in its judgment will be conducive to the public safety.

The commission upon petition may request the Office of Regulatory Staff to investigate crossings and may require that any necessary crossing be made either above or below grade, so as to avoid, as far as possible, any grade crossings.

If the Commission shall decide that such a crossing should be eliminated or relocated it shall apportion, assess and require the payment by such railroad company of its proper pro rata share of the expense incident to the construction and grading of any highway or road appurtenan…

Such crossings as are eliminated by virtue of this article shall be closed as public highways or travel places.

Any corporation organized under the provisions of this article or chartered by the General Assembly prior to February 28, 1899 may have its charter amended by the Secretary of State, by filing with the Secretary of State a written declaration showing the desired changes in its ch…

(1) The term "grade crossing" as used in this article means a crossing at grade of a public street or highway over a track or tracks of a railroad. (2) The term "department" as used in this article means any subdivision or agency of the State having authority to locate or constru…

The provisions of this article shall apply throughout the State to the elimination of grade crossings, whether such elimination be made upon the order or request of the State Highway Commission, counties, cities, drainage districts or other subdivisions or departments of the Stat…

Notwithstanding any other provision of law, the Department of Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upo…

Whenever any such subdivision or department of the State government as is mentioned in Section 58-15-1620, having jurisdiction, may determine upon the elimination of any grade crossing by means of a grade separation structure, prompt notice shall be given to the railroad company …

Failing to agree, the department or subdivision may order the railroad involved to proceed with the construction of such a structure as it may require as indicated in plans and specifications accompanying its order. The railroad shall begin work thereon within sixty days after re…

The railroad company involved may select the material to be used in the construction of the grade separation structure, provided such material shall not be less durable than creosoted timber of a quality at least equal to that required by the standard specifications of the Depart…

The division of the costs of the elimination of the grade crossings by means of grade separation structures shall be as follows: (1) The total cost of a grade crossing elimination by the use of an overhead bridge shall be paid one half by the department or subdivision and one hal…

The grade of approaches to an overhead bridge shall be such as to keep the cost as low as practicable consistent with the standard design practice of the State Highway Commission and in no event shall the approaches to creosote timber overhead bridges be considered to extend more…

Underpasses or overhead bridges constructed in accordance with this article shall meet the specifications of the Department of Transportation.

Whenever any department or subdivision shall require a railroad, under the provisions of this article, to construct an overhead bridge or underpass, such railroad shall begin work thereon within sixty days after receipt of the order of such department or subdivision. And in case …

Any railroad, steamboat, street railway or canal company in this State desiring to increase or decrease its capital stock, have its name changed or have its charter otherwise amended shall call a stockholders' meeting, giving at least thirty days' notice of the time, place and pu…

Whenever any railroad company shall be required by an order of a department or subdivision to provide a grade separation structure, as specified herein, and shall be of the opinion that such grade separation is not a public necessity, it may within ten days after receipt of such …

Any railroad company may appeal to the courts from any order or finding of any department or subdivision hereunder, the appeal to be taken in the manner provided by statute for an appeal from an order of the Public Service Commission. The commission shall not be a party to any ap…

When any railroad company appeals from a decision of the Commission as provided for in Section 58-15-1700 or from an order or finding of any department or subdivision as provided for in Section 58-15-1710 the department or subdivision pending such appeal or appeals may proceed at…

All existing grade crossings replaced by grade separation structures or avoided by relocation of highways and no longer habitually used by the general public may be continued only as private crossings and not subject to the provisions of the statutes of this State relating to rai…

Nothing in this article shall be construed to prevent the department or subdivision from reaching special agreements with railroad companies providing for grade crossing eliminations by means of relocation of either the roads or railroads involved or by any other means and arrang…

When any corporation organized under the provisions of this chapter or any corporation whose charter may be amended hereunder shall increase its capital stock its stockholders shall be given the preference of taking the increase in proportion to the amount of stock they may indiv…

All charters granted under the provisions of this article shall continue in force perpetually, unless limited by the terms of the declaration or unless forfeited by failure to comply with the conditions of the charter or of this article.

The Department of Transportation shall cooperate with any railroad company operating lines in the State in effecting necessary reconstruction, changes or alterations in grade separation structures on state highways where the tracks of such company cross such highways.

The necessity for any such reconstruction, changes or alterations shall be determined by the Department of Transportation and made in accordance with plans adopted by the department. But any railroad company concerned shall be given at least ten days' notice before any such work …

The cost of effecting any reconstruction, changes or alterations as contemplated in Sections 58-15-1910 and 58-15-1920, including the grade separation structure and its approaches for a distance of five hundred feet, if so much be necessary, measured from the center line in each …

This article shall apply to all cases where grade separation structures on state highways across railroads are, in the judgment of the Department of Transportation, for any reason inadequate for the traffic on the highway, but shall not apply to grade crossings. This article shal…

Any railroad company affected by any decision or action of the Department of Transportation made or initiated pursuant to the provisions of this article may appeal to the Supreme Court in its original jurisdiction for a review of the department's findings as to either the necessi…

If the corporation will have the power to condemn lands for rights-of-way, if the charter is granted, the parties proposing to ask for it shall give notice for four weeks before the application is made that such application will be made, stating the time and the place of the appl…

All fees collected by the Secretary of State in accordance with the provisions of this article shall be paid into the State Treasury.

Any such charter shall be subject to repeal, alteration or amendment by the General Assembly.

(A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the authorities responsible for such…

In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing within ten days after receipt o…

Any person or corporation failing to comply with the provisions of this article, after a hearing, if one is applied for as set out in Section 58-15-2120, and after having been notified in writing of the decision of the proper authorities that the crossing is required by public sa…

Unless waived as provided in Section 58-15-2120, the provisions of Sections 58-15-2110 to 58-15-2130 shall not affect or in anywise relieve any railroad company or operator of any penalties incurred under Sections 58-15-2110 to 58-15-2130 or former Sections 58-15-2110 to 58-15-21…

The State reserves the right to declare its policy in reference to the method of taxation to be applied to corporations chartered hereunder and to impose upon and collect such license or royalties upon corporations organized hereunder and the business authorized to be conducted a…

Neither stocks nor bonds shall be issued by any corporation organized under this chapter except for money paid, property delivered or labor done and all fictitious increase of stock or indebtedness shall be void.

At all stockholders' meetings each stockholder shall be entitled to one vote for each share of stock held or owned by him and shall be entitled to vote for directors, trustees or managers as provided in Section 33-11-200.

No transfer of stock of a corporation organized under this chapter shall be valid, except as between the parties, until it shall have been regularly entered upon the books of the corporation.