71.560. Use of streets for railway purposes--petition of property owners. - Missouri Statutes

Use of streets for railway purposes--petition of property owners.

71.560. The municipal assembly, city council or board oftrustees of any incorporated city in this state shall have nopower to grant the use of, or the right to lay down any tracks inany street of the city, to any railroad company, or to any steam,dummy, electric, cable, horse or other street car company,whether the same shall be incorporated under any general orspecial law of the state, now or hereafter in force, except uponthe petition of the owners of the land representing more thanone-half of the frontage of the street or so much thereof as issought to be used for railroad or street car purposes; and whenthe street or part thereof as is sought to be used shall be morethan one mile in extent, no petition of landowners shall be validunless the same shall be signed by the owners of the landrepresenting more than one-half of the frontage of each mile, andof the fraction of a mile, if any, in excess of the whole mile,measuring from the initial point named in such petition, of suchstreet or part thereof sought to be used for such purpose;provided, that this section shall not be construed to preventgranting authority to a railroad company to lay a spur track orside track to any manufacturing establishment or wholesale house,when desired by the parties owning such manufacturingestablishment or wholesale house; provided, however, that nothingin this section shall be construed so as to prohibit themunicipal assembly, city council or board of trustees of any suchcity from granting a renewal of any franchise now in force, tothe extent of the present mileage granted for such franchise.

(RSMo 1939 § 7311)

Prior revisions: 1929 § 7160; 1919 § 8609; 1909 § 9497