Chapter 16A - INTRASTATE RAILROAD REGULATION

Section 49-16A-1 - Definitions of terms
Section 49-16A-2 - Corporation law-Applicability to railroads
Section 49-16A-3 - Chapters governing railroads
Section 49-16A-4 - [Repealed]
Section 49-16A-5 - Freight charges to be just and reasonable
Section 49-16A-6 - Freight charges to be uniformly applied-Unreasonable discrimination defined
Section 49-16A-7 - Unreasonable discrimination prohibited
Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony
Section 49-16A-9 - Failure to file or observe rates or tariffs as felony-Corporation or individual
Section 49-16A-10 - Individual acts or omissions in scope of employment
Section 49-16A-11 - Venue of criminal prosecution
Section 49-16A-12 to 49-16A-18 - [Repealed]
Section 49-16A-19 - Restraint of trade provisions applicable to railroads
Section 49-16A-20 - Single-line rates as restraint of trade
Section 49-16A-21 - Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize
Section 49-16A-22 - Pooling agreements as restraint of trade
Section 49-16A-23 - Common carrier obligations-Limitation
Section 49-16A-24 - Bill of lading or contract for carriage-Shipper's acceptance as assent to terms
Section 49-16A-25 - Lien for freightage
Section 49-16A-26 - Preference to federal and state governments
Section 49-16A-27 - Gratuitous shipment by railroad without reward-Duties
Section 49-16A-28 - Directions of shipper-Conflicting directions-Delivery
Section 49-16A-29 - Delivery at nearest station absent usage to contrary
Section 49-16A-30 - Services other than carriage and delivery-Statutes governing
Section 49-16A-31 - Delivery to connecting carrier-Liability to final destination
Section 49-16A-32 - Railroad responsible for agents' acts
Section 49-16A-33 - Loss or injury of freight in possession of connecting carrier-Proof to shipper on demand
Section 49-16A-34 - Claim for loss, injury or overcharge-Railroad to respond within sixty days-Bill of lading or shipping receipt to accompany claim-Returns
Section 49-16A-35 - Suit on claim-Interest-Attorney fee-Remedy cumulative
Section 49-16A-36 - Notice of loss, injury or claim-Minimum time to be allowed-Contrary contractual provision void
Section 49-16A-37 - Interchange facilities required-Discrimination between connecting roads prohibited-Switching and transferring cars
Section 49-16A-38 - Joint through rates required-Duty to receive and transport freight and cars
Section 49-16A-39 - Carload lots-Transfer to connecting road without added charge
Section 49-16A-40 - Connecting roads-Intrastate shipments-Reasonable through rates-Same facilities as for interstate traffic
Section 49-16A-41 - Routing instructions by shipper
Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized
Section 49-16A-43 - [Repealed]
Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994
Section 49-16A-43.2 - Notice of sale of railroad property-Publication-Copy to be mailed to lessee
Section 49-16A-44 - Report annually to department-Special reports and specific questions
Section 49-16A-45 - Inspection of roads by department
Section 49-16A-46 - Transfer of certain Public Utilities Commission functions to transportation department
Section 49-16A-47 - Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings-Attorney general's duties-Rights not impaired
Section 49-16A-48 - Department of transportation-Interstate commerce violations-Duties
Section 49-16A-49 - Department of Transportation-Appearance before interstate commerce commission
Section 49-16A-50 - Powers-Construction, operation and maintenance of roads across, along or over watercourses and highways-Overpasses and underpasses-Changing course of highway-Taking land
Section 49-16A-51 - Powers-Crossing, intersecting and connecting railroads-Failure of railroads to agree-Alteration of grade or location
Section 49-16A-52 - Powers-Equal privileges for tracks on landings and within municipalities-Failure of railroads to agree
Section 49-16A-53 - Changing grade or location for convenience of public travel
Section 49-16A-54 - Liability for damages from change-Time for damage claim-Notice-Nonresidents
Section 49-16A-55 - Authorization to use public lands-Damage to occupant
Section 49-16A-56 - Authorization to use school or public lands-Width of right-of-way
Section 49-16A-57 - Plat of proposed road filed with commissioner of school and public lands-Duplicate to register of deeds
Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad
Section 49-16A-59 - Filing as vesting right to use-Duration of right-Forfeiture for failure to use
Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken-Ascertaining value of land
Section 49-16A-61 - Title relates back to filing-Subsequent grants invalid
Section 49-16A-62 - Other rights-of-way across deeded lands
Section 49-16A-63 - Maps kept by commissioner of school and public lands-Noting and reserving right-of-way
Section 49-16A-64 - Plat of proposed road filed with department-Grant of permit to construct road
Section 49-16A-65 - Factors considered in assessing plat
Section 49-16A-66 - Publicly constructed or acquired railroads as public highways
Section 49-16A-67, 49-16A-68 - [Repealed]
Section 49-16A-69 - Drainage necessitated by defect in railroad construction-Assessment of entire expense against railroad-Assessment against complainant or apportionment in other costs
Section 49-16A-70 - [Repealed]
Section 49-16A-71 - Extension of fireguards along right-of-way-Condemnation procedure-Petition
Section 49-16A-72 - Extension of fireguards on unoccupied land-Right to burn-Maximum width
Section 49-16A-73 - Facilities for transferring freight or cars between railroads-Department's directions-Sharing of costs
Section 49-16A-74 - Facilities for transferring freight or cars between railroads-Judicial apportionment of costs
Section 49-16A-75 - Eminent domain power-Authorization by Governor or commission required-Hearing on application
Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain
Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity
Section 49-16A-75.3 - Determination of public use consistent with public necessity-Appeal
Section 49-16A-75.4 - Proceedings to establish compensation-Physical possession
Section 49-16A-76 - Powers-Acceptance of voluntary grants for railroad purposes
Section 49-16A-77 - Powers-Width of right-of-way-Additional land for proper construction-Compensation for lands taken
Section 49-16A-78 - Entries upon land-Appropriation of land-Purposes of appropriation
Section 49-16A-79 - Condemnation for spur tracks to serve industry
Section 49-16A-80 - Entry and appropriation for changing location or grade-Surveys
Section 49-16A-81 - Right to use public way-Agreement with local authorities-Appropriation by railroad upon failure to agree
Section 49-16A-82 - Purchase of land-Failure to agree upon price-Determination by circuit court
Section 49-16A-83 - Railroad-highway grade crossings
Section 49-16A-84 - Authority to change grade of highway-Particular highways-Maintenance of highway-Maximum grade
Section 49-16A-85 - Temporary routes during change of grade construction
Section 49-16A-86 - Private farm crossings-Cattle guards-Duty to keep gates closed-Liability of railroad
Section 49-16A-87 - Crossing standards-Warning sign
Section 49-16A-88 - Warning signs-Erection by county commissioners at expense of railroad
Section 49-16A-89 - Crossings-Erection of lighting or alarms at order of department
Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational
Section 49-16A-89.2 - Alarm or lighting device required where railroad crosses state trunk highway system
Section 49-16A-90 - Tampering with light or signal-False light or signal-Felony
Section 49-16A-91 - Fenced lands-Duty of railroad to fence along right-of-way-Type of fence-Maintenance
Section 49-16A-92 - Notice to railroad to erect fence-Contents of notice-Time for compliance
Section 49-16A-93 - Fencing right-of-way-Noncompliance by railroad-Construction by owner-Liability of railroad
Section 49-16A-94 - Blocking of highway crossings-Employees not liable where blocking necessary under state or federal rules
Section 49-16A-95 - [Repealed]
Section 49-16A-96 - Bridges and abutments-Maintenance
Section 49-16A-97 - [Repealed]
Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroad construction
Section 49-16A-99 - [Repealed]
Section 49-16A-100 - Utility poles and wires on right-of-way-Commission to regulate
Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way-Fee-Regulation and negotiation
Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way
Section 49-16A-100.3 - Notice and application for placement of utility facility across railroad right-of-way
Section 49-16A-100.4 - Commencement of construction across railroad right-of-way-Exception
Section 49-16A-100.5 - Standard crossing fee-Flagging expense
Section 49-16A-100.6 - Certificate of insurance or coverage for utilities crossing railroad right-of-way
Section 49-16A-100.7 - Notice of objection by railroad-Petition for dispute resolution-Appeal
Section 49-16A-100.8 - Additional requirements imposed by railroad-Objection by utility-Petition for resolution of objection-Appeal
Section 49-16A-100.9 - Existing agreements-Eminent domain
Section 49-16A-100.10 - Application of sections 49-16A-100.2 to 49-16A-100.9
Section 49-16A-101 - [Repealed]
Section 49-16A-102 - Railroad police-Appointment and employment by railroad
Section 49-16A-103 - Railroad police-Authority to arrest-Procedure on arrest without warrant
Section 49-16A-104 - Authority of regular law enforcement officers unaffected-Responsibility for acts of railroad police
Section 49-16A-105 - Entry upon railroad equipment while armed a felony
Section 49-16A-106 - Tampering with journal boxes a felony
Section 49-16A-107 - Malicious destruction of railroad property a felony
Section 49-16A-108 - Malicious obstruction of tracks a felony
Section 49-16A-108.1 - Application of sections 49-16A-107 and 49-16A-108 to tourist railroad carrier
Section 49-16A-109 - Punishment for malicious interference with railroad where death results
Section 49-16A-110 - Insurance-Railroad may procure
Section 49-16A-111 - Legislation relating to restraint of domestic animals or fences-Applicability to tracks
Section 49-16A-112 - Abandonment of right-of-way-Occupation for three years by other users
Section 49-16A-113 - Consideration for continued occupancy of right-of-way
Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired
Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands-Title claims
Section 49-16A-116 - Municipal claim to reverter in railroad property-Quit claim authorized
Section 49-16A-117 - Filing of certain records related to property conveyances by a railroad to a railroad
Section 49-16A-118 - Effect of filing-Notice of rights and interests
Section 49-16A-119 - Trains prohibited from blocking streets, roads or highways during emergency-Violation as misdemeanor