66-534. Resolution of disputes.

66-534

Chapter 66.--PUBLIC UTILITIES
Article 5.--POWERS OF RAILROAD COMPANIES

      66-534.   Resolution of disputes.(a) All disputes regarding lease terms and conditions shall beresolved by negotiation, mediation or, if necessary, by court action, asprovided in this act.

      (b)   The parties shall first negotiate in good faith to resolve each suchdispute. If each such dispute has not been resolved by negotiation within 60days after negotiation is requested in writing, then upon the written requestof either party, the parties shall agree upon an independent, qualifiedmediator to assist the parties in the resolution of each such dispute. Ifthe parties are unable to agree upon a mediator within 30 days after suchwritten request, then upon application of either party, the district courtshall appoint an independent, qualified mediator to assist the parties in theresolution of each such dispute.

      (c)   If the parties are not successful in resolving a dispute arising under alease through negotiation and mediation, as provided in this section, eitherparty may commence an action in district court to resolve the dispute.

      (d)   In any determination of fair lease rental of the railroad land, thevalueof improvements owned by the tenant shall not be considered.

      History:   L. 1998, ch. 158, § 4; July 1.