48-2339. Construction of works across private
and public property
A. The board of directors, its agents or authorized representatives may construct
any of the works necessary to carry out any provision of this chapter, across any stream
of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the
route of any canal, conduit, ditch, drain, power transmission line or telephone line of
the district may intersect or cross in a manner so as to afford security for life and
property, but the board shall restore them when so crossed or intersected to their former
state as nearly as possible or in such manner as not to impair unnecessarily its
usefulness. The operator of a railroad, or in case of a public highway the board of
supervisors, shall cooperate with the board in forming intersections and crossings, and
shall grant the privilege.
B. If the railroad operator or board of supervisors, are the owners or controllers
of the property, thing or franchise to be crossed, and if such owners or controllers and
the board of directors cannot agree upon the amount to be paid therefor, or the points or
the manner of the crossings or intersections, they shall be ascertained and determined in
the manner provided for taking property by condemnation.
C. The district shall have the use of and a right of way is expressly granted to it
to locate, construct and maintain the works over, through and upon any of the lands which
are the property of the state or any subdivision or institution thereof.
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