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Show jRIO GRANDE RESISTS VIADUCT PROPOSAL SALT LAKE May 2 - In n protest filed by the Denver & K 10 Jr:inde Western railroad, the position Is taken that for the public utilities commission commis-sion to compel it to establish and share in the cost of constructing a viaduct I at u point w here a proposed road in Davis county crosaas the railroad right of way, would be i onflscatidn of property prop-erty without due process of law. :ind therefore. In violation of the federal and state constitutions It is contended that a crossing formerly for-merly existed at that point, but was abandoned, after the railroad had made certain payments to the county coun-ty and had provided a new right of u:iv It is contended that the land over which the proposed over he d crossing would necessarily be built la the property of the railroad, and "Is not subject to any right of way for the proposed road crossing. " When the former crossing rvnn abandoned. It Is contended that the railroad deepened a cut and made other changes In construction and operation. op-eration. In consideration of which the county should be estopped from seeking seek-ing to reopen the road ot this crossing. cross-ing. rwr |