468.114  Passing drainage equipment across railway.

It shall be the duty of any steam or electric railway company to furnish the contractor unrestricted passage across its right of way, telegraph, telephone, and signal lines for the contractor's machines and equipment, whenever recommended by the engineer and approved by the board of supervisors, and the cost thereof shall be considered as an element of such company's damages by the appraisers thereof; provided that if such company shall fail to do so within thirty days after written notice from the auditor, the engineer shall cause the same to be done under the engineer's direction and the company shall be liable for the cost thereof to be collected by the county in any court having jurisdiction. Provided, further, that the railway company shall have the right to designate the day and hours thereof within said period of thirty days above mentioned when such crossing shall be made.

Section History: Early form

  [C24, 27, 31, 35, 39, § 7545; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.124]

Section History: Recent form

  89 Acts, ch 126, § 2

  CS89, § 468.114


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