When the time shall arrive, fixed for such conference, unless for good cause more time is agreed upon, the viewers in charge and the railroad company shall agree, if possible, upon the place where and the manner and method by which such improvement shall cross such right of way. If the viewers in charge and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the viewers they shall determine the place and manner of crossing the right of way of the railroad company and shall specify the number and the size of openings required and the damages, if any, to the railroad company and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one shall not be considered as damages to the railroad company. The engineer and viewers shall also assess the benefits that will accrue to the right of way, roadbed and other property of the railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that the property will receive by the construction of the improvement and it shall be reported by the viewers as a special assessment, due personally from the railroad company as a special assessment. It may be collected in the manner of an ordinary debt in any court having jurisdiction.

HISTORY: 1962 Code Section 18-238; 1952 Code Section 18-238; 1942 Code Section 6121; 1932 Code Section 6121; Civ. C. '22 Section 3175; Civ. C. '12 Section 2221; 1911 (27) 92.