§ 156-89. Drainage across railroads; procedure.
§ 156‑89. Drainageacross railroads; procedure.
Whenever the engineer and the viewers in charge shall make a survey forthe purpose of locating a public levee or drainage district or changing anatural watercourse, and the same would cross the right‑of‑way ofany railroad company, it shall be the duty of the owner in charge of the workto notify the railroad company, by serving written notice upon the agent ofsuch company or its lessee or receiver, that they will meet the company at theplace where the proposed ditch, drain, or watercourse crosses the right‑of‑wayof such company, the notice fixing the time of such meeting, which shall not beless than 10 days after the service of the same, for the purpose of conferringwith the railroad company with relation to the place where and the manner inwhich such improvement shall cross such right‑of‑ way. When thetime fixed for such conference shall arrive, unless for good cause more time isagreed upon, it shall be the duty of the viewers in charge and the railroadcompany to agree, if possible, upon the place where and the manner and methodin which such improvement shall cross such right‑of‑way. If theviewers in charge and the railroad company cannot agree, or if the railroadcompany shall fail, neglect, or refuse to confer with the viewers, they shalldetermine the place and manner of crossing the right‑of‑way of therailroad company, and shall specify the number and size of openings required,and the damages, if any, to the railroad company, and so specify in theirreport. The fact that the railroad company is required by the construction ofthe improvement to build a new bridge or culvert or to enlarge or strengthen anold one shall not be considered as damages to the railroad company. Theengineer and viewers shall also assess the benefits that will accrue to theright‑of‑way, roadbed, and other property of the company byaffording better drainage or a better outlet for drainage, but no benefitsshall be assessed because of the increase in business that may come to the roadbecause of the construction of the improvement. The benefits shall be assessedas a fixed sum, determined solely by the physical benefit that its propertywill receive by the construction of the improvement, and it shall be reportedby the viewers as a special assessment, due personally from the railroadcompany as a special assessment; it may be collected in the manner of anordinary debt in any court having jurisdiction. (1909, c. 442, s. 26; C.S., s. 5346.)