40-326. Duty of railroad company to make connection with track of private shipper; conditions

A. Every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of such corporation and an existing or contemplated private track or railroad of such person, shall make such connection and provide switches and tracks necessary, and deliver and receive cars thereover upon condition that the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought, and that the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation.

B. Under the conditions set forth in subsection A, every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur to receive and deliver freight.

40-326. Duty of railroad company to make connection with track of private shipper; conditions

A. Every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of such corporation and an existing or contemplated private track or railroad of such person, shall make such connection and provide switches and tracks necessary, and deliver and receive cars thereover upon condition that the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought, and that the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation.

B. Under the conditions set forth in subsection A, every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur to receive and deliver freight.