Find Legal Information

60-06 Public Warehouses on Railroad Right of Way

Download pdf

CHAPTER 60-06PUBLIC WAREHOUSES ON RAILROAD RIGHT OF WAY60-06-01. Who may make application for warehouse or elevator on railroad right ofway.Any person, firm, corporation, or limited liability company desirous of erecting andoperating at or contiguous to any railroad station or siding a warehouse or elevator for the<br>purchase, sale, shipment, or storage of grain or potatoes for the public for hire, may make<br>application in writing to the person, firm, corporation, or limited liability company owning, leasing,<br>or operating the railway at such station or siding for the right, privilege, and easement of erecting<br>and maintaining a public warehouse.60-06-02. Public warehouse on railroad right of way - Application - Contents. Awritten application by a person, firm, corporation, or limited liability company desirous of erecting<br>and operating a public warehouse on a railroad right of way shall contain the following provisions:1.A description of that portion of the right of way of said railroad on which said person,<br>firm, corporation, or limited liability company desires to erect a warehouse or<br>elevator.2.The size and capacity of the warehouse or elevator proposed to be erected.3.The time for which it is desired to maintain said warehouse or elevator.4.The amount the applicant deems a reasonable compensation for the right, privilege,<br>and easement the applicant desires to acquire.60-06-03. When applicant is entitled to erect public warehouse. Upon the paymentor tender of money which the applicant deems reasonable compensation for the right, privilege,<br>and easement to erect a public warehouse on a railroad right of way, the applicant immediately<br>shall be entitled to erect, absolutely and unconditionally, the applicant's warehouse or elevator on<br>such right of way for the time specified in the application made by the applicant and shall become<br>invested immediately with the said right, privilege, and easement. The person, firm, corporation,<br>or limited liability company owning, leasing, or operating said railway at such station or siding<br>immediately shall render the applicant the same service the applicant would be entitled to had<br>the said person, firm, corporation, or limited liability company sold or leased said site to the<br>applicant.60-06-04. Compensation for right, privilege, and easement - Notice to applicant. Incase the sum tendered under section 60-06-03 is not accepted and the parties cannot agree<br>upon the amount to pay for such right, privilege, and easement, the same shall be ascertained,<br>assessed, and determined by proceedings in the district court of the county in which the station<br>or siding at which the right, privilege, and easement sought is situated. Such court at all times<br>shall be deemed open and in session for the purposes of this chapter.Any person, firm,corporation, or limited liability company to whom application is made for the right to erect and<br>maintain an elevator or warehouse under the provisions of this chapter, within ten days after the<br>receipt of the application, shall notify the applicant in writing of the acceptance or rejection of the<br>amount offered as compensation for the right, privilege, and easement sought to be acquired.<br>Failure to notify the applicant within such time shall be deemed an acceptance of said amount<br>but whether it is accepted or not, the applicant for the site shall be deemed to have acquired the<br>right, privilege, and easement asked for.60-06-05. Sidetracks to be provided by railroad company on its land. Every railroadcompany or corporation organized under the laws of this state or doing business therein, upon<br>application in writing, shall provide reasonable sidetrack facilities and running connections<br>between its main track and elevators and warehouses upon or contiguous to its right of way at<br>such stations.Every such railroad corporation shall permit connections to be made andmaintained in a reasonable manner with its sidetracks to and from any warehouse or elevator<br>without reference to its size, cost, or capacity, where grain or potatoes are or may be stored. The<br>railroad company is not required to construct or furnish any sidetracks except upon its own landPage No. 1or right of way. Such elevators and warehouses may not be constructed within one hundred feet<br>[30.48 meters] of any existing structure and must be at safe fire distance from the station<br>buildings so as not to conflict essentially with the safe and convenient operation of the road.<br>Where stations are ten miles [16.09 kilometers] or more apart the railroad company, when<br>required so to do by the public service commission, shall construct and maintain a sidetrack for<br>the use of shippers between such stations.60-06-06. Penalty for violation of applicant's rights. Repealed by S.L. 1975, ch. 106, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>