TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 14. RAILROADS

Part 6. Railroad Highway Crossings

Role Of Public Service Commission With Respect To Crossings

69-14-606. Role of public service commission with respect to crossings. (1) The commission may enforce the orders of any board of county commissioners for the construction of railroad crossings and may pass upon the reasonableness of any such order and modify, change, or annul the same.

(2) Whenever any railroad crossing has been ordered by the county commissioners, as herein provided, the railroad company may, within 30 days after the service of such order, serve upon the commission a notice stating why the order is considered unreasonable or unjust and requesting that the commission hold a hearing for the purpose of determining whether or not the construction of such crossing should reasonably be required. The commission shall thereupon institute a hearing for this purpose, and all interested parties shall be given reasonable notice and an opportunity to be heard. The commission may, after such hearing, either affirm, modify, or annul such order.

History: En. Secs. 5, 6, Ch. 148, L. 1919; re-en. Secs. 6629, 6630, R.C.M. 1921; re-en. Secs. 6629, 6630, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-705, 72-706; amd. Sec. 50, Ch. 43, L. 1979.