§ 49-11-08 — Making intersecting railroad crossing - No delay if bond filed

The making of an intersecting railroad crossing by a railroad corporation constructing a new
railroad shall not be hindered, delayed, nor prevented pending the ascertainment and
determination of the compensation to be paid the affected railroad, if said railroad corporation
proposing to make such crossing shall execute and file a bond with the clerk of the district court
in which such proceedings are pending in such amount as the judge of said court may order,
conditioned that the railroad corporation executing the same shall pay whatever amount may be
ascertained and determined and shall abide any judgment or order of the court made in relation
to the matter in controversy. The amount of the bond and the sufficiency of the sureties shall be
approved by said judge, but no corporation which shall have obtained the right of way and
constructed its road at the point of intersection before the commencement of an action under
the provisions of the chapter on eminent domain shall be required to alter the grade or change
the location of its road or be required to bear any part of the expense of making and maintaining
such crossing.