Rhode Island General Laws 39-6-3. Action to abate unlicensed road
Current as of: 2024 | Check for updates
|
Other versions
In addition to the remedy by indictment for the nuisance, the attorney general shall, for the purpose of abating any nuisance, file on the part of the state, in the superior court, a civil action or information against any person or corporation who or that shall build any railroad or portion of a railroad, and the court shall take jurisdiction of, hear, determine, decree, and proceed thereon as in cases of private nuisance.
History of Section.
G.L. 1896, ch. 187, § 41; C.P.A. 1905, § 1220; G.L. 1909, ch. 215, § 45; G.L. 1923, ch. 251, § 36; G.L. 1938, ch. 124, § 36; G.L. 1956, § 39-6-3.
Terms Used In Rhode Island General Laws 39-6-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Railroad: means and includes every railroad other than a street railway, by whatsoever power, operated for public use in the conveyance in this state of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection with any railroad. See Rhode Island General Laws 39-1-2