§ 14-335-101 - Authority to construct, operate, and maintain generally.
14-335-101. Authority to construct, operate, and maintain generally.
(a) (1) The county court of any county in this state may grant to persons or corporations authority for the construction, maintenance, and operation, for a period of not exceeding fifty (50) years, of electric railroads or railways upon, over, along, and across any public road or highway in the county over which the court has jurisdiction.
(2) In granting this authority, the court may prescribe the terms and conditions on which these railroads or railways and their appurtenances shall be constructed, maintained, and operated upon, over, along, and across the roads or highways, and to grade an elevation at which they shall be maintained and operated.
(3) No such authority shall be granted except upon the filing with the court of:
(A) A petition setting forth the rights and privileges applied for, signed and verified by the persons or corporation desiring them; and
(B) The consents in writing of at least a majority of the owners in frontage of the lands abutting on the portions of the roads and highways to be occupied by the railroads or railways specified in the petition.
(b) In case any electric railroad or railway shall be located in part on a private right-of-way, then the owner of the electrical road or railway shall have the right to construct, maintain, and operate the electrical road or railway across any county road or highway which intersects the routes of the railway. However, the crossing shall be constructed and maintained at such grade and elevation as shall be prescribed by the county court having jurisdiction over the road or highway and in such manner as to cause no unnecessary damage.
(c) (1) The owner of any electric railroad or railway occupying any county road or highway, or any portion thereof, as permitted by this section, shall keep the portion of the public road or highway occupied by its tracks and roadbed in good repair and condition.
(2) The county courts are directed to enforce the provisions of this subsection by proper proceedings with respect to all public roads and highways under their respective jurisdictions.
(d) Any authority previously granted by a county court or board of supervisors of any county in this state to construct, operate, and maintain electric railroads or railways upon, over, along, or across any county road or highway under the jurisdiction of the court or board is confirmed and declared to be valid and effectual according to its terms.