24-437. Order requiring railroad to elevate tracks; mandamus. - Kansas Statutes

24-437

Chapter 24.--DRAINAGE AND LEVEES Article 4.--DRAINAGE DISTRICTS WITHIN COUNTIES OR CITIES

      24-437.   Order requiring railroad to elevate tracks; mandamus.If it shall be determined by the board of directors of any drainagedistrict that it is necessary to construct any levee across the right ofway, roadbed or tracks of any railroad or street-railway company oracross any street or highway occupied by such tracks, and it shall benecessary to raise or elevate such tracks in order to make such leveecontinuous and of uniform height, such board of directors shall make anorder requiring such railroad or street-railroad company to raise orelevate its tracks accordingly, specifying in such order the height towhich such tracks shall be so raised or elevated and fixing a reasonabletime within which it shall be done, and shall forthwith serve a copy ofsaid order upon such company by delivering the same to any officer,agent or employee of such company found within the district, and itshall thereupon become and be the duty of such company to raise orelevate its tracks to conform to the requirements of such order; andupon failure of any such company to perform such duty within the time sofixed, the board of directors shall be entitled to a writ of mandamus tocompel the performance of such duty, and may bring and maintain a suitin any court of competent jurisdiction to obtain such writ and remedy.The court granting a writ of peremptory mandamus under the provisions ofthis section shall award to the board of directors a reasonableattorney's fee for the services of its counsel in prosecuting the suitand such costs and damages as it may be entitled to by reason of thefailure of any such company to perform its said duty.

      History:   L. 1905, ch. 215, § 38; Feb. 25; R.S. 1923, 24-437.