1. If a railroad or other utilityhas abandoned the use of itsright-of-way for the purpose it was originally acquired or has sold itsright-of-way to a person who will use the right-of-way for a purpose other than for which it was originally acquired, the prior right or privilege of the drainage district to pass through the right-of-way of the railroad or utility shall become a permanent easement in favor of the drainage district for drainage purposes including the right of ingress and egress through adjacent property and the right of access for maintenance, repair, improvement and inspection. The permanent easement has the same dimensions as originally specified in the engineer’s report and survey, or as acquired by use or as subsequently acquired. 2. If a railroad or other utilityhas abandoned the use of itsright-of-way for the purpose it was originally acquired or has sold itsright-of-way to a person who will use the right-of-way fora purpose other than for which itwas originally acquired in segments, each segment shall be assessed for benefits in the same proportion as the area of the segment bears to the area of the right-of-way through the forty-acre tract. CS85, §455.127A CS89, §468.118
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