Iowa Code 327D.5 – Burden of proof
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Terms Used In Iowa Code 327D.5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the state department of transportation. See Iowa Code 327D.2
- Railroad: means the terminal facilities necessary in the transportation of persons and property and includes bridges, railroad right-of-way, trackage, switches and other appurtenances necessary for the operation of a railroad, whether owned, leased or operated under some other contractual agreement. See Iowa Code 327D.2
- Railroad corporation: means a railway corporation as defined in subsection 6. See Iowa Code 327D.2
In any action in court, or before the department, brought against a railroad corporation for the purpose of enforcing rights arising under the provisions of this and sections 327D.3 and 327D.4 the burden of proving that the provisions thereof have been complied with by such railroad corporation, shall be upon such railroad corporation.