327G.12 - OVERHEAD, UNDERGROUND, OR MORE THAN ONE CROSSING.
327G.12 OVERHEAD, UNDERGROUND, OR MORE THAN ONE CROSSING. The owner of land may serve upon the railroad corporation a request in writing for more than one private crossing, or for an overhead or underground crossing, accompanied by a plat of the owner's land designating the location and character of crossing desired. If the railroad corporation refuses or neglects to comply within thirty days of a written request, the owner of the land may make written application to the department to determine the owner's rights. The department of inspections and appeals, after notice to the railroad corporation, shall hear the application and all objections to the application, and make an order which is reasonable and just, and if it requires the railroad company to construct any crossing or roadway, fix the time for compliance with the order and apportion the costs as appropriate. The order of the department of inspections and appeals is subject to review by the state department of transportation. The decision of the state department of transportation is the final agency action.
Section History: Early Form [S13, § 2022; C24, 27, 31, 35, 39, § 8012; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 478.13; C77, 79, 81, § 327G.12; 81 Acts, ch 22, § 22]
Section History: Recent Form 89 Acts, ch 273, § 34 Referred to in § 327G.81