§ 31-25-514 — Streets - railway companies subject to tax

(1) Whenever any
grading, paving, or other kind of street improvement district is created under this
part 5, the governing body may include in the area to be paved, graded, or
otherwise improved the entire width of street from curb to curb or any part thereof,
including the portion of said street occupied by or required by franchise obligation
to be paid by or chargeable or assessable to any railway company whose railroad
runs through or across any street in said district, and shall charge to, assess, and
collect the proper proportion of the cost of the improvement from such railway
company in the same manner as is provided for in case of other property, and shall
issue bonds for the same, which bonds shall be issued and made payable in like
manner as bonds issued for the improvement to be assessed against the real estate
specially benefited.

(2) In the meaning of this section, in the absence of a franchise obligation to
grade or pave or otherwise improve, a railway company shall be held to occupy and
is liable for the grading, paving, or other improvement of that part of the street
lying between the rails of each track and two feet outside of each rail, and every
railway company, whether street railway or otherwise, shall be assessed for the
cost of such improvement of any part of any street or alley occupied by or required
by franchise obligation to be so improved. The assessment levied for the cost of
said improvements chargeable to a railway company shall be a perpetual tax lien
against the entire franchise and property of the company, both within and without
said district but within the limits of the municipality where such improvement is
made, superior to all other liens except general tax liens.

(3) All the terms, conditions, and provisions in this part 5 relative to the
collection of the amounts chargeable against property specially benefited shall be
applicable in the enforcement and collection of such assessment against such
railway company, and the property of such railway company, in case of default in
payment of such assessment, shall be sold as in cases of default in payment of
general taxes levied thereon; but railway trackage shall not be considered or
computed as assessable frontage in determining the sufficiency of petitions.

Legislative History

Source: L. 75: Entire title R&RE, p. 1194, � 1, effective July 1.