§ 51. Duty of railroads to maintain streets.

Any railroad of whatever description, name or gauge which has or may hereafter construct its lines of road or part thereof over any of the streets of said city shall maintain such road or part thereof or construct the same only upon the following conditions: It shall use only such rails and other materials as the city council may designate; it shall properly grade, complete and pave the streets between its rails in such manner as said city council may direct; it shall keep such streets between said rails in good condition and repair and in such condition and repair as said city council may from time to time order, so long as it shall use the same; if it fails to comply with any of the provisions of this section, or to keep any of such streets in condition and repair as aforesaid, said city council may cause anything to be done which said railroad has so failed to do, and the costs thereof shall be charged against such railroad and constitute a lien from the commencement of the work paramount to every other lien upon the charter and franchise of such railroad and upon all the property of whatever kind of such railroad in said County of Cleveland, and such property may be sold for the payment thereof in the same manner herein prescribed for the sale of property for taxes; and any such failure on the part of said railroad shall operate as a forfeiture of its right to use said streets, or any of them, or any part of any of them, as such city council may determine.

State law reference

Assessments against railroads, G.S. 160A-222; railroad crossings, G.S. 160A-298; railroads generally, G.S. 62-220 et seq.