69-14-554. Right-of-way through canyons. - Montana Statutes

     69-14-554. Right-of-way through canyons. (1) Any such corporation whose right-of-way or whose track upon such right-of-way extends through any canyon, pass, or defile shall not exclude any other such corporation from a passage through the same upon equitable terms. In case of disagreement, upon application of either of the parties, with notice to the other, the same shall be adjusted by a court of competent jurisdiction. If it shall become necessary for any other railroad company passing through the state to cross or pass any other railroad track or defile already constructed or surveyed, the same may be so done without any compensation therefor, except the actual damage done by so doing. When two or more companies desire to pass through the same canyon, pass, or defile, neither shall exclude the other from passing through the same and neither shall have any compensation therefor, except the actual damage done by so doing. Should it be necessary that the said companies should use the same track or bed in passing through such canyon, pass, or defile, the same may be done without any compensation therefor from one to the other, except the actual damage by so doing.
     (2) If the passage of any such railroad through the canyon, pass, or defile causes the disuse or change of location of any public wagon road that may traverse the same, damages shall be awarded therefor, as provided by law.

     History: En. Sec. 11, p. 100, Ex. L. 1873; re-en. Sec. 309, 5th Div. Rev. Stat. 1879; re-en. Sec. 687, 5th Div. Comp. Stat. 1887; re-en. Sec. 895, Civ. C. 1895; re-en. Sec. 4276, Rev. C. 1907; re-en. Sec. 6509, R.C.M. 1921; re-en. Sec. 6509, R.C.M. 1935; R.C.M. 1947, 72-207.