56-16 - Wagonways to be constructed across roads, railroads, canals, and other works; enforcement.
§ 56-16. Wagonways to be constructed across roads, railroads, canals, andother works; enforcement.
For the purpose of this section, "wagonway" means a vehicular crossingadequate to permit the passage of machinery and vehicles used foragricultural or forestal purposes, including but not limited to thetransportation of agricultural and forestal products to markets. Every publicservice corporation whose road, railroad, canal, or works passes through thelands of any person in this Commonwealth shall provide and maintain properand suitable wagonways across such road, railroad, canal, or other works,from one part of such land to the other, and shall keep such wagonways ingood repair. Such wagonways shall be constructed and maintained on therequest of the landowner, in writing, by certified mail, made to theregistered agent for the corporation owning such road, railroad, canal, orother works at that point, and shall designate the points at which thewagonways are desired. If the company fails or refuses for ninety days aftersuch request to construct and maintain wagonways of a convenient and propercharacter at the places designated, then the owner may apply to the circuitcourt of the county or city wherein such land is located for the appointmentof three disinterested persons whose lands do not abut on such road,railroad, canal, or other works, who shall constitute a board ofcommissioners whose duty it shall be to go upon the land and determinewhether the requested wagonways should be constructed and maintained.
Any delay in construction or maintenance caused by inclement weather, war,strikes, acts of God, national emergencies, or failure of any local, state,or federal government agencies to grant permits shall extend the aforesaidperiod. The decision of such board shall be in writing and, if favorable tothe landowner, shall set forth the points at which the wagonways should beconstructed and maintained, giving also a description of what should be doneby the company to make and maintain a suitable and convenient wagonway. Thedecision of the board of commissioners shall be returned to, and filed in,the clerk's office of such court, and when called up at the next or anysucceeding term of such court, it shall be confirmed, unless good cause isshown against it by the company. Either party shall have the right of appealto the Supreme Court from the judgment of the court. If the company fails,within a reasonable time fixed by the court at the time of the confirmationof a report favorable to the landowner, to make and maintain the wagonwaystherein referred to, it shall pay the landowner fifty dollars for each day ofsuch failure, which may be recovered on motion by the landowner against thecompany, in the circuit court of the county or city wherein such land islocated having jurisdiction to try the same. The commissioners shall eachreceive for their services the sum of fifty dollars per day, to be taxed as apart of the costs of the proceeding.
Once the right to such wagonway has been established, should the railroadchange the grade of any portion of the tracks across which such wagonwaypasses, it shall be the duty of the railroad to make whatever reasonablemodifications of the wagonway are necessary within the railroad right-of-wayto permit the passage of the aforesaid machinery and vehicles.
(Code 1919, § 3883; 1994, c. 352.)