§ 11-36-118. Noncompliance by railway - Doing work at railway's expense - Lien on railway property.

A.  If the owners of the railway shall fail or refuse to comply with the order of the municipality to make such improvements by paving, chatting, graveling, macadamizing, or building sidewalks as the municipality may direct, or to repair such paving, graveling, macadamizing or sidewalks, such work may be done by the municipality.  The cost and expense of such work done by the municipality may be charged against the railway company and may be collected in the district court in the county in which the improvements have been made, by action of law, in the name of the municipality against the railway company.  In any such action at law it shall be sufficient to declare generally for work or labor done, or material furnished on the particular street, avenue, alley or highway so improved.

B.  In addition to the remedy provided in this section for collection of costs and expenses, the municipality, or any one authorized by it to do the work, shall be entitled to a lien upon the property of the railway company.  Such lien shall exist for the full amount of the cost and expense against the property of the railway company adjacent or contiguous to the improvement or improvements so made.  The lien may be enforced against the property of the railway company by action in the district court in the county in which the improvements have been made.  In any action to enforce the lien, it shall be sufficient to declare generally that the lien exists for the amount of the cost and expense of the work and labor done or material furnished on the particular improvement.

Laws 1977, c. 256, § 36-118, eff. July 1, 1978.