Powers to be exercised without franchise - condition.

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(1) The board has authority, without the necessity of a franchise, to cut into or excavate and use any easements dedicated to a public use or any public street, road, or highway pursuant to the construction, maintenance, or provision of services provided by the rail district.

  1. The legislative body or other authority having jurisdiction over any such public street, road, or highway has authority to make such reasonable rules as it deems necessary in regard to any such work or use, and may require the payment of such reasonable fees by the rail district as may be fixed by said body to insure proper restoration of such streets, roads, or highways.

  2. When any such fee is paid by the rail district, it shall be the responsibility of thelegislative body or other authority to promptly restore such street, road, or highway. If such fee is not fixed or paid, the rail district shall promptly restore any such street, road, or highway to its former condition, as nearly as possible.

  3. In the course of such construction, the rail district shall not impair the normal use ofany street, road, or highway more than is reasonably necessary.

Source: L. 82: Entire article added, p. 511, § 1, effective April 23.


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