SEC. 77-9-265. Switching or standing trains on certain tracks may be prohibited; removal or readjustment of track.

The public service commission may, by order to that effect, prohibit the use for switching purposes or for standing trains, of such portions of the tracks of a railroad company over or upon a public street or highway in any municipality, which in its opinion should not be so used. It may also limit the number of tracks across such streets or highways to be so used, and may require the removal or readjustment of any such tracks which in its opinion should be removed in order to secure the public convenience or safety. For failure to comply with such an order requiring the removal or readjustment of tracks within ninety days after notice thereof, a railroad company shall forfeit and pay to the state for each day's default, to be recovered by the commission by action to be instituted within sixty days after the default, in the name of the state, of which one-half shall be paid into the state treasury and the other half to the municipality in which the default occurred.

SOURCES: Codes, 1906, Sec. 4897; Hemingway's 1917, Sec. 7681; 1930, Sec. 7086; 1942, Sec. 7862; Laws, 1908, ch. 91.

1997 Amendment:

 Repealed.

SOURCE: 1997 Laws, Chapter 460, Sec. 14, SB2997, Effective July 1, 1997.