Ariz. Rev. Stat. » Title 40
Arizona Revised Statutes

Ariz. Rev. Stat. § 40-326 (2026)

Duty of railroad company to make connection with track of private shipper; conditions

✓ current as of May 2026
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A. Every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of such corporation and an existing or contemplated private track or railroad of such person, shall make such connection and provide switches and tracks necessary, and deliver and receive cars thereover upon condition that the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought, and that the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation.

B. Under the conditions set forth in subsection A, every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur to receive and deliver freight.

Notes of Decisions
Cited in 3 cases, 1997–2011 · leading case: Babe Inv. v. Arizona Corp. Comm'n, 939 P.2d 425 (Ariz. Ct. App. 1997).
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Babe Inv. v. Arizona Corp. Comm'n, 939 P.2d 425 (Ariz. Ct. App. 1997). · cites it 4× “section 40-326 did not require Santa Fe to reinstall the siding.”
Tumacacori Mission Land Dev., Ltd. v. Union Pac. R.R., 263 P.3d 649 (Ariz. Ct. App. 2011). · cites it 2× “A.R.S. § 40-326. Accordingly, we agree with Union Pacific that the railway’s constitutional designation as a public highway is the primary consideration, even though it is privately owned.”
Tumacacori Mission Land Dev., Ltd. v. Union Pac. R.R. Co. (Ariz. Ct. App. 2011). · cites it 2× “A.R.S. § 40-326. Accordingly, we agree with Union Pacific that the railway‟s constitutional designation as a public highway is the primary consideration, even though it is privately owned.”
Ariz. Rev. Stat. § 40-326(A)(1996): 1 case
Babe Inv. v. Arizona Corp. Comm'n, 939 P.2d 425 (Ariz. Ct. App. 1997). “section 40-326 did not require Santa Fe to reinstall the siding.”
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