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This entry was published on 2014-09-22
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SECTION 172
Consent of local authorities; how procured
Railroad (RRD) CHAPTER 49, ARTICLE 5
§ 172. Consent of local authorities; how procured. The application
for the consent of the local authorities shall be in writing and before
acting thereon such authorities shall give public notice thereof and of
the time and place when it will first be considered, which notice shall
be published daily in any city for at least fourteen days in two of its
daily newspapers if there be two, if not, in one, to be designated by
the mayor, and in any village or town for at least fourteen days in a
newspaper published therein, if any there shall be, and if none, then
daily in two daily newspapers if there be two, if not, one published in
the city nearest such village or town. Upon application for such
consent, the local authorities shall also give written notice of the
filing of such application to all common carriers operating in the town,
village or city to the local authorities of which such application is
made. Such consent must be upon the expressed condition that the
provisions of this article pertinent thereto shall be complied with, and
shall be filed in the office of the clerk of the county in which such
railroad is located. Whenever the consent of the common council of a
city is applied for, the first consideration, of which notice is hereby
required, may be by committee of such common council. Any such notice,
publication or consideration heretofore or hereafter given, made or had
in substantial conformity with the requirements of this section, is and
shall be sufficient notice, publication and consideration for all the
purposes hereof notwithstanding any conflicting provision of any local
or special act or charter.