Title 58, Public Utilities, Services and Carriers

(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.

The books of any corporation organized under this chapter shall be at all times open to the inspection of any stockholder.

Any person desiring to oppose the application may appear and oppose it, setting forth such facts as may sustain his reasons for such opposition, by affidavit or otherwise. The Secretary of State may, on such showing, refuse to grant such charter or may grant it according to his j…

Upon the filing of the declaration of the petitioners and the payment of a fee of three dollars for filing and indexing it, the Secretary of State shall file the declaration under a proper number and index it and shall issue to any two or more of the petitioners a commission cons…

When a canal company is organized under this chapter it has all the powers and privileges of electric light and power companies under the laws of this State and may own, build, maintain, purchase, lease, and operate the canal or canals specified in its charter and may build, main…

Nothing herein contained shall be construed to prevent any owner of riparian rights or other landowner from recovering just compensation for any injury to or diminution of such rights sustained by reason of any corporation exercising any rights hereunder.

Any canal company organized under this chapter may mortgage its property and franchises and issue bonds on such terms and conditions and for such purposes and uses of the corporation as it may from time to time deem necessary if the consent of the Commission to the issue of any b…

The State may acquire title to any property of any canal company chartered hereunder upon paying just compensation therefor. If the parties cannot agree upon just compensation it shall be determined by any court of competent jurisdiction.

No rights of the State in canals shall be transferred, leased, conveyed away or otherwise used or burdened except by act of the General Assembly.

All subscriptions to the capital stock of any corporation organized under this chapter shall be payable in money or in labor or in property at its money value. The labor or the property, or the value thereof, shall be named in the list of subscription, to be approved by the board…

When not less than fifty per cent of the capital stock shall have been subscribed by bona fide subscribers, in the case of canal, steamboat and street railway companies and when not less than five hundred dollars per mile shall have been subscribed by bona fide subscribers in the…

Any corporation organized under the provisions of this chapter or under Chapter 7 of Title 33 engaged in the transportation of freight or passengers, by means of steamboat or otherwise, upon any of the navigable waters of this State, may exact reasonable tolls or fees for the use…

Upon the completion of the organization of any such corporation, the incorporators shall immediately file in the office of the Secretary of State a return, under their hands and seals, duly attested, sworn to or acknowledged before some officer qualified to administer an oath, th…