2012 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 4 - Regulation of Rates and Charges Generally
Subchapter 6 - -- Railroads and Other Carriers Generally
§ 23-4-611 - Railroads -- Short lines.
(a) Railroad companies having roads not exceeding fifty (50) miles in length may charge for loading, carrying, and unloading freights at a rate of not more than forty cents (40cent(s)) per one hundred pounds (100 lbs.) for any distance.
(b) (1) The rates charged by any company may be reduced by the Arkansas Transportation Commission [abolished] whenever it appears that the net annual profits of the company exceed ten percent (10%) of the amount of capital actually invested.
(2) However, the rates shall not be reduced so as to reduce the net annual profits of such a company below ten percent (10%) of the amount of its capital actually invested.
(c) (1) If any railroad company shall charge more than the rates named in this section, the person paying the charges may recover from that railroad company five (5) times the sum so charged, together with the costs of the action, by action before a justice of the peace or other court having jurisdiction.
(2) Service of summons in such an action may be made by delivering a copy of the summons to any agent of the company.
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