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Iowa Code § 468.112

Construction when company refuses

Applied in 1 court decision — leading case Chicago & North Western Transportation Co. v. Webster County Board of Supervisorsors (1995)

Most recently applied in Chicago & North Western Transportation Co. v. Webster County Board of Supervisorsors (March 1995)

[S13, §1989-a18; C24, 27, 31, 35, 39, §7543; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.122]

If a railroad company does not comply with a notice provided in section 468.109, the board shall provide for the construction of the improvement under the supervision of the engineer in charge of the improvement. The railroad company shall be liable for the cost of the construction which shall be collected by the county on behalf of the district in any court having jurisdiction. The court may award a prevailing county reasonable attorney fees incurred by the county, to be paid by the railroad company and taxed as part of the costs of the action.

89 Acts, ch 126, §2

CS89, §468.112

99 Acts, ch 184, §1

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.