Storm sewers along railroad right-of-way in cities or towns under30,000.
389.670. 1. It is hereby made the duty of every person,company or corporation, owning, operating or controlling anyrailroad or railroad right-of-way passing through anyincorporated village, town or city within this state, containinga population of thirty thousand inhabitants or less, to constructat their own expense, within the corporate limits of suchvillage, town or city along the lines of their said railroads orrailroad right-of-way, such sewers as shall be of sufficientcapacity to at all times carry off all the surface water that maycollect or accumulate along their right-of-way.
2. Such sewers shall be constructed in a substantial manner,and cemented on their sides and bottoms so as to give to same ahard, smooth surface, and shall be of sufficient volume and depthto carry off at all times all surface water, with such facilityas to prevent at all times an overflow therefrom. They shallhave good, safe wagon and foot crossings constructed over them,at such places where the village, town or city by ordinance shalldirect, and where it is necessary for public travel.
3. It shall be the further duty of all such persons,companies and corporations to construct under their railways,from one side of their right-of-way to the other, such sewers asshall by the city council, board of aldermen or legislative bodyof such villages, towns or cities be deemed necessary tofacilitate the proper drainage of such village, town or city asprovided herein.
(1960) Constitutionality of this statute as applied to combined sanitary and storm sewer raised but not decided. C.B. & Q.R. Co. v. City of North Kansas City, 276 F.2d 932.
(1963) Sections 389.670 to 389.690 apply only to surface water drainage sewers and railroad was not liable for construction across its right-of-way of combination sanitary and storm sewer with pipes buried at different depths underground and a sewage pumping station to maintain the flow. Chicago, B. & Q.R. Co. v. North Kansas City (Mo.), 367 S.W.2d 561.
Storm sewers along railroad right-of-way in cities or towns under30,000.
389.670. 1. It is hereby made the duty of every person,company or corporation, owning, operating or controlling anyrailroad or railroad right-of-way passing through anyincorporated village, town or city within this state, containinga population of thirty thousand inhabitants or less, to constructat their own expense, within the corporate limits of suchvillage, town or city along the lines of their said railroads orrailroad right-of-way, such sewers as shall be of sufficientcapacity to at all times carry off all the surface water that maycollect or accumulate along their right-of-way.
2. Such sewers shall be constructed in a substantial manner,and cemented on their sides and bottoms so as to give to same ahard, smooth surface, and shall be of sufficient volume and depthto carry off at all times all surface water, with such facilityas to prevent at all times an overflow therefrom. They shallhave good, safe wagon and foot crossings constructed over them,at such places where the village, town or city by ordinance shalldirect, and where it is necessary for public travel.
3. It shall be the further duty of all such persons,companies and corporations to construct under their railways,from one side of their right-of-way to the other, such sewers asshall by the city council, board of aldermen or legislative bodyof such villages, towns or cities be deemed necessary tofacilitate the proper drainage of such village, town or city asprovided herein.
(1960) Constitutionality of this statute as applied to combined sanitary and storm sewer raised but not decided. C.B. & Q.R. Co. v. City of North Kansas City, 276 F.2d 932.
(1963) Sections 389.670 to 389.690 apply only to surface water drainage sewers and railroad was not liable for construction across its right-of-way of combination sanitary and storm sewer with pipes buried at different depths underground and a sewage pumping station to maintain the flow. Chicago, B. & Q.R. Co. v. North Kansas City (Mo.), 367 S.W.2d 561.
Storm sewers along railroad right-of-way in cities or towns under30,000.
389.670. 1. It is hereby made the duty of every person,company or corporation, owning, operating or controlling anyrailroad or railroad right-of-way passing through anyincorporated village, town or city within this state, containinga population of thirty thousand inhabitants or less, to constructat their own expense, within the corporate limits of suchvillage, town or city along the lines of their said railroads orrailroad right-of-way, such sewers as shall be of sufficientcapacity to at all times carry off all the surface water that maycollect or accumulate along their right-of-way.
2. Such sewers shall be constructed in a substantial manner,and cemented on their sides and bottoms so as to give to same ahard, smooth surface, and shall be of sufficient volume and depthto carry off at all times all surface water, with such facilityas to prevent at all times an overflow therefrom. They shallhave good, safe wagon and foot crossings constructed over them,at such places where the village, town or city by ordinance shalldirect, and where it is necessary for public travel.
3. It shall be the further duty of all such persons,companies and corporations to construct under their railways,from one side of their right-of-way to the other, such sewers asshall by the city council, board of aldermen or legislative bodyof such villages, towns or cities be deemed necessary tofacilitate the proper drainage of such village, town or city asprovided herein.
(1960) Constitutionality of this statute as applied to combined sanitary and storm sewer raised but not decided. C.B. & Q.R. Co. v. City of North Kansas City, 276 F.2d 932.
(1963) Sections 389.670 to 389.690 apply only to surface water drainage sewers and railroad was not liable for construction across its right-of-way of combination sanitary and storm sewer with pipes buried at different depths underground and a sewage pumping station to maintain the flow. Chicago, B. & Q.R. Co. v. North Kansas City (Mo.), 367 S.W.2d 561.
