Title 46, Chapter 8, Section 127
( 46-8-127)
In the selection of the general route for, and in the construction
of, a railroad between termini, if another railroad has already been
constructed or if the route for another railroad has been selected
and the road chartered between the same termini, then the general
direction and location of the railroad shall be at least ten miles
from the railroad already constructed or the route laid out and
selected to be constructed, provided that this Code section shall
not be construed to refer to any point within ten miles of either
terminus or to prevent the two roads from running as near to each
other for the first ten miles from either terminus as the interest
of the company building the new route may dictate; provided,
further, that whenever the conditions imposed by this Code section
are impracticable by reason of the physical formation of the country
surrounding any initial or terminal point, or by reason of the
number of railroads centering in an initial or terminal point, and
the railroad companies interested fail to agree on the route for the
new railroad, this Code section shall not apply; rather, in all such
cases the location of such proposed new railroad with reference to
initial or terminal points shall be made and fixed under the order
and by direction of the commission, which shall locate the new
railroad on such a route as may be found practicable and as will the
least interfere with existing lines; provided, further, that the
power given to the commission by this Code section shall extend only
to fixing and providing the location by which any new railroad may
have access to either of its terminal points. Nothing in this Code
section shall be so construed as otherwise to change the general
policy of this state, which requires the general direction and
location of railroads sought to be constructed to be not less than
ten miles from a railroad already constructed. |