1999 Minnesota Statutes

     219.751 Restoration of tracks for service. 

    Subdivision 1.    Order.  When informed of the 
 abandonment, closing for traffic, or removal of track in 
 violation of section 219.681, the commissioner, without delay, 
 shall order the company which committed the violation to restore 
 the track for service and to resume service on it, and if the 
 track has been removed, to relay the track. 

    Subd. 2.    Failure to obey order; court powers.  If the 
 company fails to obey an order of the commissioner made pursuant 
 to subdivision 1, the commissioner, upon verified petition 
 alleging the failure, may apply to the district court of the 
 county in which the company has a principal office, or into 
 which a line of railroad of the company extends, for the 
 enforcement of the order or other appropriate relief.  The 
 court, upon such notice as it may direct, shall hear the matter 
 as in a case of an appeal from an order.  At the hearing the 
 findings of fact upon which the order is based are prima facie 
 evidence of the matters therein stated, and the court may grant 
 provisional or other relief, ordinary or extraordinary, legal or 
 equitable, which the nature of the case may require, and may 
 impose a fine of not more than $500 for each day's failure to 
 obey any writ, process, or order of the court in addition to 
 other penalties provided in sections 219.691 and 219.692.  A 
 temporary mandatory or restraining order may be made in the 
 proceeding, despite any undetermined issue of fact, upon terms 
 as the court may direct. 

    HIST: 1945 c 21 s 7; 1971 c 25 s 67; 1976 c 166 s 57; 1985 c 
 265 art 4 s 1