Notification of needed repairs or improvements; legal action to enforce.

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(A) Whenever, in the judgment of the Office of Regulatory Staff, it shall appear that repairs are necessary upon any such railroad or that any addition to the rolling stock or any enlargement of, or improvement in, the stations or station houses, any modification in the rates of fare for transporting freight or passengers or any change in the mode of operating the road and conducting its business is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, the Office of Regulatory Staff shall give information in writing to the corporation of the repairs, additions, improvements, or changes which it adjudges to be proper. If the company shall fail, within sixty days, to adopt the suggestions of the Office of Regulatory Staff, it shall take legal proceedings as it may deem expedient and may call upon the Attorney General to institute and conduct such proceedings. The power herein conferred upon the Office of Regulatory Staff shall be sufficient to require of common carriers the establishment and maintenance of terminal facilities, the extension of pass tracks, sidetracks, and other than industrial tracks and all other improvements and changes which seem reasonable and expedient to the Office of Regulatory Staff.

(B) Any railroad subject to the jurisdiction of the commission may retire any team track within this State upon showing that the track has not been used for at least two years. Before any track is retired for nonuse, the railroad shall give thirty days' written notice to the commission and to the Office of Regulatory Staff . The notice must be accompanied by a fee of fifty dollars and an affidavit of the railroad's agent or employee having personal knowledge of the fact that the track has not been used by the public during the two-year period immediately preceding the retirement date of the track.

HISTORY: 1962 Code Section 58-981; 1952 Code Section 58-981; 1942 Code Section 8292-14; 1932 Code Section 8273; Civ. C. '22 Section 4821; Civ. C. '12 Section 3147; Civ. C. '02 Section 2069; G. S. 1457; R. S. 1632; 1881 (17) 818; 1920 (31) 1086; 1935 (39) 25; 1988 Act No. 658, Part II, Section 23, eff June 8, 1988; 2006 Act No. 318, Section 109, eff May 24, 2006.


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