28-6711. Railroad construction along improved
highway prohibited; exception
A. A railroad or street railway shall not be constructed along or on any portion of
a highway improved under this article, except a crossing authorized by the board of
supervisors. The board of supervisors shall not grant a franchise for the construction
of a railroad or street railway along or on an improved portion of the highway, except
for a crossing.
B. If such a highway or portion of a highway, after having been improved, is
included in the boundaries of an incorporated city or town, the municipal authorities may
grant the franchise within the boundaries of the city or town on the express condition
that the grantee shall pay to the county for the benefit of the county general fund an
amount equal to the cost of the improvement of that portion of the improved highway that
will be occupied by the track of the railroad or street railway.
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