Whenever a railroad’s right–of–way, street, or railroad properties owned or operated for railway purposes shall be included within any assessment for local improvement, such railroad right–of–way, street, or railroad properties owned or operated for railway purposes shall be assessed only if, and to the extent that, it is determined by the Department of Revenue that it will benefit from the proposed improvements. In determining whether or not such railroad right–of–way, street, or railroad properties operated for railway purposes benefits, its existing use as a railroad right–of–way, street, or railroad properties operated for railway purposes shall be presumed to be permanent.

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Source: SL 1974, ch 53.