The railroad corporation may require the person primarily to be served to pay the legitimate cost and expense of acquiring, by condemnation or purchase, the necessary right-of-way for the spur track and of constructing it, as determined in separate items by the department. Except as provided in section 327G.66, the total cost as ascertained by the department shall be deposited with the railroad corporation before it is required to incur expense. If an agreement cannot be reached, the question shall be referred to the department which may, after a hearing conducted by the department of inspections and appeals, issue an order.
[C24, 27, 31, 35, 39, § 8172; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 481.4; C77, 79, 81, § 327G.65; 81 Acts, ch 22, § 22]
89 Acts, ch 273, § 39
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