COMPILED CODE - Iowa Legislature - State of Iowa

344
§§ 5172-al-5172-a2. SPUR TRACKS. Tit. XVI, Ch. 8-A.
16 of said car; but the provisions hereof shall not apply to work trains,
17 transfer service or emergencies not exceeding thirty-six hours.
[S., '13, § 2083-j ; 39 G. A., ch. 195, § 1.]
CHAPTER 3-A.
SPUR TRACKS.
SECTION 6172-al. Construction and maintenance.
1 Every railroad, whether operated by steam or electricity, shall
2 acquire the necessary rights of way for, by condemnation or purchase,
3 and shall construct, connect and operate and maintain a reasonably
4 adequate and suitable spur track, whenever such spur track does not
5 necessarily exceed three miles in length, and is required for the suc-
6 cessful operation of any existing or proposed mill, elevator, store-
7 house, warehouse, dock, wharf, pier, manufacturing establishment,
8 lumber yard, coal dock, or other industry or enterprise, and its con-
9 struction and operation is not unusually unsafe and dangerous, and
10 is not unreasonably harmful to public interest, provided, however,
11 that no such track is required to be constructed until, or if hereafter
12 constructed need not be maintained unless, the board of railroad com-
13 missioners, after hearing, shall have declared the same to be necessary.
[39 G. A., ch. 86, § 1.]
SEC. 5172-a2. Payment of cost of construction—bond.
1 Such railroad may require the person or persons, firm, corpora-
2 tion or association primarily to be served thereby, to pay the legiti-
3 mate cost and expense of acquiring, by condemnation or purchase, the
4 necessary rights of way for such spur track, and of constructing the
5 same, as shall be determined in separate items by the board of rail-
6 road commissioners, in which case the total estimated cost thereof
7 shall be deposited with the railroad before the railroad shall be re-
8 quired to incur any expense whatsoever therefor ; provided, however,
9 that when any such person, firm, corporation or association, shall be
10 required by commission to deposit with the railroad, the total esti-
11 mated cost, as herein provided, such person, firm, corporation or asso-
12 ciation, may offer or cause to be offered, a proposition in writing to
13 such railroad, to construct such spur track, such proposition to be
14 accompanied by a surety company bond, running to such railroad,
15 and conditioned upon the construction of such spur track in a good
16 and workmanlike manner, according to the plans and specifications
17 provided by such railroad, and approved by the said commission, and
18 deposit with such railroad the estimated cost of the necessary right of
19 way for such spur track ; and whenever such proposition and security
20 company bond shall be offered the person, firm, corporation, or asso-
21 ciation primarily to be served thereby, shall not be required to deposit
22 as herein provided, as the total estimated cost of such construction,
23 an amount in excess of the estimated cost of the right of way, and
24 the total amount stated in such written proposition. Provided fur-
25 ther, that before the railroad shall be required to incur any expense
26 whatever in the construction of said spur track, the person, firm, cor-