§ 37-48-133 — Passing equipment through bridge or grade

In case it is
necessary to pass any dredge boat or other equipment through a bridge or grade of
any railroad company or other corporation, county, city, town, or other municipality,
the board of directors shall give notice to the owner of said bridge or grade that the
same shall be removed temporarily to allow the passage of such equipment or that
an agreement be immediately entered into with regard thereto. The owner of said
bridge or grade shall keep an itemized account of the cost of the removal and, if
necessary, of the replacing of said bridge or grade; and the necessary and actual
cost shall be paid by the subdistrict. In case the owner of said bridge or grade fails
to commence or complete provision for the passage of said equipment within the
time specified in the notice, the board of directors may remove such bridge or grade
at the subdistrict's expense, interrupting traffic in the least degree consistent with
good work and without unnecessary damage or delay. In case said board is hindered
or prevented from so doing, the owner of said bridge or grade shall be liable for all
damage resulting to the subdistrict therefrom.

Legislative History

Source: L. 75: Entire section added, p. 1379, � 7, effective July 18.