1. 1. When any street railroad company shall be desirous of using the tracks of any other street railroad company, or shall have been ordered by the county commission or the municipal authorities of any city or town to remove any of its tracks from any public road or street, and shall have been authorized by the county commission or municipal authorities to operate and run its cars over the tracks of any other street railroad company upon the payment of just compensation, and an agreement cannot be had between such companies as to the compensation to be paid therefor by the company so desiring or authorized to run its cars over the tracks of such other company, the company desiring to use the track shall make written application to that effect to the county commission or the municipal authorities, accompanied by plans and specifications showing the extent of the track to be used, first giving ten days' notice to the railroad company whose tracks are to be used, of the time and purport of such application.
2. 2. Upon filing of the same with the county commission, or the municipal authorities of any incorporated city or town, with evidence of notice, the county commission, or the mayor of any incorporated city or town, shall give notice to each of the companies to report to the commission, or to the mayor of such city or town, in writing, within ten days thereafter, the name and address of one disinterested resident of the county to act as its chosen track compensation commissioner.
3. 3. Upon the expiration of the ten days, the county commission, or the mayor of any incorporated city or town, shall appoint a third disinterested resident of the county to act as a track compensation commissioner, and shall also appoint one such resident of the county to represent either of such companies which shall have refused or neglected to appoint a track compensation commissioner within the time prescribed in this section.
4. 4. Thereupon the county commission or the mayor, if in the corporate limits of any city or town, shall give notice to the track compensation commissioners so appointed of their appointment, and shall turn over to them all papers in the possession of the county commission or in the possession of the municipal authorities, relating to the matter in controversy, and in case of vacancy in such board of track compensation commissioners, caused by death or refusal to serve of any of the commissioners, or for any other cause whatever, the county commission or mayor shall appoint a track compensation commissioner to fill such vacancy. When appointed, the commissioners shall proceed to determine the compensation to be paid and the time and manner of its payment.

(RSMo 1939 § 5308, A.L. 1986 H.B. 1554 Revision, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 4902; 1919 § 10113; 1909 § 3307