04-12-2004 Council Packet - Laserfiche WebLink

Home Browse Search

. v_. I i 1.1! §219.35 CABERS 21935. Crossings and dndnt I i Persons owning lands abutting upon a railroad may construct, at their own expense, crossings under, over, or across the railroad and drains under and across the railroad at places and in ways that do not obstruct or impair the use of the railroad. Before constructing them, the owner of the land shall aerve on the nearest station agent of the company a notice, stating in detail / the work which the Isuidowner desires to perform, and the company may JL conaruct that work: but the crossings and drains may not be opened For the xtie of the landowner until the landowner pays the reasonable cost of con< Struction. These crossings and drains must be maintained and kept In repair by the railroad company; however, the railroad may require reimbursemcm I from the abutting landowners of its reasonable and accountable maintenance I and repair costs when maintenance and repair nre initiated by the landowner j and agreed to in advance by the railroad company. The railroad company I shall ensure, allow, and not prohibit reasonable egress and ingress under. ■ V over, and across a crossing except as may be required for maintenance of the crossing or for normal operation of the railroad. Amended bylaws P'^S, c. 265, art. 4, § l; Laws 1986, c 444; Laws 1991, c. 83, 9 1, cff. May 14, 1991. Dcrtvnllani $U927. f 4748. Gcn.SU923, f 4748. G«nSLt913. f 4Z47. 2Uv.taws 1905, f 2001. aeaSLl894, f 2497. HlftoHeal mud Statulory NoUi The 1996 amcndineni authorized the remoY* at of nonsubfUntive fiendof sp<cihc rifer«r\ces. The 1991 amendfutnl addad the Anal two acjitcncci^ auihonxlnf railroadi to roQulre rc* imburtemcnl from abutting landowners of costs In cormection vfith the mstlnteoancs and Cett.SLSupp.1879^, c 34, S 97b. repair of crowlnp and drolss when roslntc* Uws HIT. c, 174, • 1. ^ iniUsled by tht land* Tha t98S smtndmsni was a rcvisoc^s Inti rue* owner and agreed to by the railroad and rc* don o^rrocsing srroncoui. ambiguouc, omitted qviirlng socen over railroad right*cf«way to ad* and oisfoleu rtfersness and text. Joining properliei^ respectively. Cross References Railroad to carry highway drainage ditch acrou its i*ight of way, see f 160.19, Koles of Daclsloos Damagtai t road company to take strip through farm iheury that the bnd was ukcfi. leaving 1, Dtunagea In condemnation proceedings, the eommls- tlonera might have aaseased the entire damage without any rtservailon* leaving the question of dressings and pmsge wayt to be settled under itatuic. Minneapolis, St. ?.• R. St D. oa leaving lbs owner ns right lo cross. Sigafoos v. Minne* npolis, L. dt M.a. Co., 1881 39 Minn. 8. 38 N.W. 627. It was error, under sUlule, to charge that, no crouings having been reserved to plaintiff, he was not, aa a cnalUf of law, entitled to any. Eleetrie Traction Co. v. St Martin, 19Q9« 108 and that his damages should be asscased ac- Mlnn« 494, 122 W.AV. 4S2. cordtngly. Schiutdi v. Minneapolis. U di M.R. In view of statute, damsgsi could not be Co., 1888, 38 Mian. 491, 38 N.V. 487. asiessid. In condemnalion piocecding by rail* 276 >• ir Jg !