468.112  Construction when company refuses.

If a railroad company does not comply with a notice provided in section 468.109, the board shall provide for the construction of the improvement under the supervision of the engineer in charge of the improvement. The railroad company shall be liable for the cost of the construction which shall be collected by the county on behalf of the district in any court having jurisdiction. The court may award a prevailing county reasonable attorney fees incurred by the county, to be paid by the railroad company and taxed as part of the costs of the action.

Section History: Early form

  [S13, § 1989-a18; C24, 27, 31, 35, 39, § 7543; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.122]

Section History: Recent form

  89 Acts, ch 126, § 2

  CS89, § 468.112

  99 Acts, ch 184, §1


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