56-1-9 - Right of way in canyons. - Utah Statutes

56-1-9. Right of way in canyons.
No railroad company whose right of way or whose track or roadbed upon such right ofway passes through any canyon, pass or defile shall exclude any other railroad company from theuse and occupancy of such canyon, pass or defile, for the purposes of its road, in common withthe road first located, or from crossing its road at grade. And the location of such right of waythrough any canyon, pass or defile shall not cause the disuse of any wagon road or other publichighway now located therein, nor prevent the location through the same of any such wagon roador highway where such road or highway may be necessary for the public accommodation; andwhere any change in the location of any such wagon road or highway is necessary to permit thepassage of any railroad through any canyon, pass or defile, said railroad company shall beforeentering upon the ground occupied by such wagon road or highway cause the same to bereconstructed at its own expense in the most favorable location, and in as perfect a manner as theoriginal road; provided, that such expenses shall be equitably divided between any number ofrailroad companies occupying and using the same canyon, pass or defile.

No Change Since 1953