539.220 - Construction of works across watercourse, road, railway, conduit or other property; restoration of crossed property.

539.220  Construction of works across watercourse, road, railway, conduit or other property; restoration of crossed property.

      1.  The board of directors shall have the power to construct the works of the district across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume, in such manner as to afford security for life and property; but the board shall restore the same when so crossed or intersected to its former state as near as may be or in a manner not unnecessarily impairing its usefulness.

      2.  If a railroad company or those in control of the property, thing or franchise to be crossed cannot agree with the board upon the amount to be paid, or upon the point or points or the manner of crossing or intersecting, the same shall be ascertained and determined as provided in this chapter in respect to the taking of land.

      [33:64:1919; 1919 RL p. 3282; NCL § 8046]