40-327. Order by commission for connection or
spur; right to connect to private track; order to company to switch
cars of another corporation
A. When the commission finds that application has been made by any person to a
railroad corporation for a connection or spur which the corporation has refused, and that
the applicant is entitled thereto, the commission shall make an order therefor and for
the maintenance and use of such connection or spur upon terms the commission prescribes.
B. When so provided, any person may connect with the private track thereby
connected with the railroad and may use the private track or spur upon payment to the
party incurring the primary expense of the private track or spur a reasonable proportion
of the cost thereof, to be determined by the commission after notice and hearing, if such
connection and use can be made without unreasonable interference with the rights of the
party incurring the primary expense.
C. The commission may require one railroad corporation to switch to private spurs
and industrial tracks upon its own railroad the cars of a connecting railroad corporation
and to prescribe the terms and compensation for the service.
|