69-14-813. Removal of sidetrack, spur track, or loading facility. (1) Where a sidetrack, spur track, or loading and unloading facility has been constructed for and used exclusively by a single shipper or industry and is not used by the public and the individual shipper or industry requests that such track or facility be removed from its property, then such removal may be made by giving notice of such request for removal to the commission and without necessity for approval of such removal.
     (2) In the event such sidetrack, spur track or stock facility formerly used by the public has not been used by the public for loading or unloading rail shipments for a period of 5 years and proof thereof is established by affidavit of a railroad officer having knowledge thereof, then such installation or facility may be removed after the railroad involved has given 90 days' notice to the public service commission and to the consumer counsel unless the commission, within the 90-day period, notifies the railroad that such removal may not be made until approval by the commission. In which case, the commission shall set a public hearing, within 90 days of such notice to the railroad, to determine whether public convenience and necessity requires the continued maintenance of such installation or facility.

     History: En. Sec. 3, Ch. 105, L. 1913; re-en. Sec. 3837, R.C.M. 1921; re-en. Sec. 3837, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; amd. Sec. 1, Ch. 464, L. 1975; R.C.M. 1947, 72-159(part).