69-14-240. Duty to construct drains and ditches. (1) It shall be the duty of every corporation, company, or person owning or operating any railroad or branch thereof in this state and of any corporation, company, or person constructing any railroad in this state, within 3 months after the completion of the same through any county in this state, to cause to be constructed and maintained suitable ditches and drains along each side of the roadbed of such road or to construct culverts or openings through such roadbed to connect with ditches, drains, or watercourses, so as to afford sufficient outlet to drain and carry off the water along such railroad whenever the draining of such water has been obstructed or rendered necessary by the construction of such railroad. None of the drains or ditches herein referred to shall be required to be constructed by any of the persons or corporations herein named or described except when required to remove and drain off water accumulated upon property adjacent to or upon the right-of-way whose natural channel or outlet has been destroyed or impaired by the embankment of such railway so constructed as aforesaid.

(2) In case such corporation, company, or person shall fail or neglect to construct and maintain such ditches or drains as are herein required within the time limited in this section, the board of county commissioners of any county through which such railroad has been or may be constructed and located and in which the draining herein required has been neglected is hereby authorized and required, upon the petition of 20 landowners of such county along the line of and contiguous to such railroad, to cause such ditches or drains, as are herein required, to be constructed and maintained. Said board of county commissioners may maintain an action against such corporation, company, or person so failing to comply with the provisions of this section, in any court of competent jurisdiction and in the name of such county, and shall be entitled to recover all costs and expenses incurred in the construction and maintenance of said drains or ditches.

History: En. Sec. 2, Ch. 101, L. 1903; re-en. Sec. 4362, Rev. C. 1907; re-en. Sec. 6599, R.C.M. 1921; re-en. Sec. 6599, R.C.M. 1935; R.C.M. 1947, 72-644.