69-14-402. Lawsuit to determine reasonableness of commission actions.
69-14-402. Lawsuit to determine reasonableness of commission actions. (1) Any railroad, shipper, or other interested person may bring an action in the district court of the county where the principal office or place of business of such railroad, shipper, or other interested person is situated or in any county where any classification, rate, toll, charge, rule, or order of the commission is applicable, against the commission as defendant, to determine whether or not any such classification, rate, toll, charge, rule, or order made, fixed, or established by the commission under the provisions of this chapter is just and reasonable.
(2) Until the final decision in any such action, the classification, rate, toll, charge, rule, or order of the commission affecting rates or charges shall be considered to be final and conclusive except as herein otherwise provided. In any action, hearing, or proceeding in any court, the classifications, rates, tolls, charges, rules, and orders made, fixed, and established by the commission shall prima facie be considered just, reasonable, and proper.
(3) All costs and expenses incurred in the hearing, trial, or appeal of any action brought under this section shall be fixed and assessed as may seem just and equitable to the court.
History: (1), (2)En. Sec. 28, Ch. 37, L. 1907; Sec. 4391, Rev. C. 1907; re-en. Sec. 3810, R.C.M. 1921; re-en. Sec. 3810, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; Sec. 72-133, R.C.M. 1947; (3)En. Sec. 27, Ch. 37, L. 1907; Sec. 4390, Rev. C. 1907; re-en. Sec. 3809, R.C.M. 1921; re-en. Sec. 3809, R.C.M. 1935; Sec. 72-132, R.C.M. 1947; R.C.M. 1947, 72-132, 72-133; amd. Sec. 42, Ch. 43, L. 1979.