§ 50. Petition for improvement of highway where a street surface\nrailroad is laid. Where a street surface railroad shall be laid in any\nstreet, highway or public place in any town, village, or in any city of\nthe second or third classes, which it was heretofore or shall hereafter\nbe determined to pave, improve, reconstruct or repair, as provided in\nthis chapter, the municipality may petition for such improvement as\nprovided in sections forty-six, forty-seven, forty-eight or forty-nine.\nIf such petition is approved by the department of transportation the\nprocedure to be followed shall be that prescribed in the sections\nmentioned above and the proposals and contract for such improvement,\nreconstruction or repair shall include the improvement, reconstruction\nor repair of the space
Free access — add to your briefcase to read the full text and ask questions with AI
§ 50. Petition for improvement of highway where a street surface\nrailroad is laid. Where a street surface railroad shall be laid in any\nstreet, highway or public place in any town, village, or in any city of\nthe second or third classes, which it was heretofore or shall hereafter\nbe determined to pave, improve, reconstruct or repair, as provided in\nthis chapter, the municipality may petition for such improvement as\nprovided in sections forty-six, forty-seven, forty-eight or forty-nine.\nIf such petition is approved by the department of transportation the\nprocedure to be followed shall be that prescribed in the sections\nmentioned above and the proposals and contract for such improvement,\nreconstruction or repair shall include the improvement, reconstruction\nor repair of the space between the tracks of such street surface\nrailroad, the rails of such tracks and two feet in width outside of such\ntracks, and the work of improvement, reconstruction or repair in such\nspace shall be done at the same time and under the same supervision as\nthe work of improvement, reconstruction or repair of the remainder of\nsuch street, highway or public place. The department of transportation\nmay prescribe the materials to be used in paving, improving,\nreconstructing or repairing such street, highway or public place within\nthe railroad space above described, and upon the proper completion of\nthe work, the department of transportation shall certify to the board of\ntrustees of such village, or the common council of cities of the second\nor third classes, as the case may be, the cost of the pavement,\nimprovement, reconstruction or repair of such street, highway or public\nplace within such railroad space, and the entire expense of the\npavement, reconstruction or repair within such railroad space whether\nheretofore or hereafter made or ordered, shall be assessed and levied\nupon the property of the company owning or operating such railroad, and\nshall be collected in the same manner as other expenses for local\nimprovements are assessed, levied and collected in such town, village or\ncity; and an action may also be maintained by the municipality against\nthe company in any court of record for the collecton of such expense and\nassessment.\n