STATE ROADS 3297
of the State Roads Commission to be paid out of the receipts from the
gasoline tax imposed by Section 242 of Article 56 of the Annotated Code
of the Public General Laws.
1931, ch. 539, sec. 16.
31. The expense of removing, relaying or relocating any municipal
county water or sewer pipes or other municipal or county pipes, conduits
or subways, shall be borne by the railroads and the State Roads Commis-
sion as provided in Section 29. Plans under which these changes are to
be made shall be approved by the owners of the structures involved.
1931, ch. 539, sec. 17.
32. Where the order of said State Roads Commission shall require
changes in, or the removal of the property or construction of any telegraph,
telephone, gas, electric, lighting, power, water, oil, pipe lines or other com-
pany or corporation, co-partnership or individual, they shall move or
change the grade or location of their property or constructions in con-
formity with the order of the Commission. The cost of changing, removing
or constructing the said lines shall be paid by the railroads and the State
Roads Commission as provided in Section 29. Plans under which these
changes are to be made shall be approved by the owners of the structures
involved. They shall be deemed parties in interest and shall be given
notice of 'hearing and opportunity to be heard.
1931, ch. 539, sec. 18.
33. The State Roads Commission may proceed with respect to any
such crossing upon its own motion, or upon the petition of any railroad
company or companies whose tracks cross or are crossed at grade, or upon
the petition in writing of the Mayor and City Council or other governing
body of any municipality, or of the County Commissioners of any county
wherein any such crossing exists, setting forth the facts upon which relief
under this Article is sought; whereupon said Commission shall fix a time
and place for a hearing before it, and shall give such notice thereof as it
shall deem reasonable to the municipality, County Commissioners and
corporations, copartnerships or individuals interested therein, and after
such hearing shall determine or order, what, if any, alterations or changes
in or connected with such crossing and public highway shall be made.
See notes to secs. 27 and 48.
1931, ch. 539, sec. 19.
34. It shall be the duty of any railroad company or companies upon
being required as herein provided to make such alterations, changes, re-
location and/or opening, to proceed within the time and in the manner
required by the State Roads Commission to make the same, and any rail-
road company or companies that shall fail, neglect or refuse to perform
such duty shall be deemed guilty of a misdemeanor, and, upon conviction,
subject to a fine of one hundred ($100.00) dollars, for each day such com-
pany or companies shall fail, neglect or refuse to perform such duty. In
addition to the penalty herein provided, any such company or companies
shall be compelled by mandamus or other appropriate proceedings to make
such alterations, changes, relocation and/or opening, or the Commission
itself may make the same and charge such railroad company or companies
with the entire expense thereof.
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