reglab/housing_qa huggingface dataset:
5 V.S.A. § 3538
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3538. When other land of same owner is taken, first land to revert

§ 3538. When other land of same owner is taken, first land to revert|When a railroad corporation has paid or becomes liable to pay land damages for the location of its road, and afterwards changes such location and occupies other lands of the same landowner to whom damages have been paid or awarded, the land first located upon, on the completion of the subsequent location, shall revert to the landowner. On the subsequent location, the commissioners shall award such damages as under the circumstances are just.
5 V.S.A. § 3539
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3539. Difference in value; adjustment

§ 3539. Difference in value; adjustment|When the damages awarded on the second location are less than those awarded on the first, the corporation may recover the difference, if paid, from the landowner. If the damages so awarded have not been paid, such corporation may retain the difference, and shall not be liable to pay the same. When the damages on the first location have been assessed by the commissioners and an appeal taken therefrom is pending, the corporation shall pay the costs accrued in the appeal, and cause its new location to be recorded, before it takes the benefit of this section.
5 V.S.A. § 3540
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3540. Change after damages are paid

§ 3540. Change after damages are paid|When the location of a railroad is changed after the payment of damages to a landowner, and a portion of the lands of such owner is not taken for the new location, the lands taken for the first location shall revert to the owner. The railroad corporation may recover from such landowner the amount so paid as damages, deducting therefrom the damages which accrued to the owner in consequence of locating the railroad across his or her lands, which shall be ascertained by the Transportation Board. The landowner, if he or she chooses, may convey to the corporation the land so located upon, and retain the sum so awarded. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
5 V.S.A. § 3541
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3541. Change before damages are paid

§ 3541. Change before damages are paid|When the location of the road has been changed as mentioned in section 3540 of this title, and the damages have been awarded and not paid, the land first located upon shall revert to the owner thereof. The corporation shall not be required to pay the sum so awarded, but shall pay to the owner the damages which have accrued to him or her by reason of such location, to be determined by the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
5 V.S.A. § 3542
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3542. Right to alter highway

§ 3542. Right to alter highway|When it is necessary for a railroad corporation to lay out its road upon or by the side of a highway, or upon a bridge owned by a town or the Agency of Transportation, the railroad corporation shall give notice thereof to a member of the selectboard of the town (where the proposed alteration involves a town highway) or the Secretary of Transportation (where the proposed alteration involves a State highway). When the railroad corporation cannot agree with the selectboard members or with the Agency of Transportation on a road to be worked or a bridge to be built by the railroad corporation, in place of such road or bridge, or on the amount of damages, the Transportation Board shall direct it to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties require. Upon the construction of such road or bridge, the road or bridge so located upon shall vest in the railroad corporation. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 47.)
5 V.S.A. § 3543
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3543. Appeal

§ 3543. Appeal|A railroad corporation, town, the Agency of Transportation, or individual owning land adjacent to such road or bridge so entered upon, crossed, or altered, shall have the same right of appeal from the decision of the selectboard or the Transportation Board as is provided in this chapter in case of the appraisal of land damages by commissioners. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 48.)
5 V.S.A. § 3544
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3544. Alteration of course of highway at crossing

§ 3544. Alteration of course of highway at crossing|A railroad corporation may alter the course of a highway where it is crossed by its railroad, for the purpose of facilitating the crossing of the same, if it can agree with the selectboard of the town (in the case of a town highway) or the Agency of Transportation (in the case of a State highway) as to such alteration or the manner of crossing. When they cannot agree, the Transportation Board shall determine the same. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 49.)
5 V.S.A. § 3545
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3545. Alterations to be recorded

§ 3545. Alterations to be recorded|Alterations made in a highway as provided in this chapter, if made by the Transportation Board, shall be signed by it. If such alterations are agreed upon by the parties, the agreement shall be signed by the selectboard of the town (where the alteration involves a town highway) or Secretary of Transportation (where the alteration involves a State highway), and duly recorded in the town clerk's office. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 50.)
5 V.S.A. § 3546
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3546. Additional lands

§ 3546. Additional lands|Such railroad corporation may take such additional lands for the purposes mentioned in sections 3543-3545 of this title as the Transportation Board judges necessary. Unless the lands so taken are purchased or given, compensation therefor shall be determined by the Transportation Board, as in other cases, and made by the railroad corporation to the owners and persons interested in the lands. When compensation is made, the same shall become part of such highway, and may be held for highway purposes, and such landowners and such railroad corporation shall have the same right of appeal as in other cases of land damages. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 51.)
5 V.S.A. § 3566
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3566. Highway crossing railroad

§ 3566. Highway crossing railroad|When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under or cross the railroad, and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 32, eff. April 25, 1995.)
5 V.S.A. § 3567
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3567. Application to Transportation Board

§ 3567. Application to Transportation Board|The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying the highway for beginning work thereon. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 33, eff. April 25, 1995.)
5 V.S.A. § 3568
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3568. Railroad crossing highway

§ 3568. Railroad crossing highway|A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad may raise or lower the highway, for the purpose of having its railroad pass over or under it. However, the railroad shall restore the highway as far as practicable and so as not to impair its usefulness. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 34, eff. April 25, 1995.)
5 V.S.A. § 3569
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3569. Highway changed; notice; hearing

§ 3569. Highway changed; notice; hearing|When a highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, the railroad corporation, with the consent of the Board, may cause such highway to be changed so that such railroad may be constructed on the best site for that purpose. However, such corporation shall put such highway as near as practicable in as good a situation and repair as it was previous to such alteration, under the direction of the Board. Such construction or alteration shall not be made without notice to all parties interested and a hearing before the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
5 V.S.A. § 3570
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3570. Crossing; repairs at town highways

§ 3570. Crossing; repairs at town highways|When a railroad corporation has constructed a railroad across a town highway by passing upon, over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the accommodation, safety, and convenience of the public travel on the highway, over or upon the railroad. (Amended 1969, No. 76, § 1; 1995, No. 60, § 35, eff. April 25, 1995.)
5 V.S.A. § 3571
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3571. State highways

§ 3571. State highways|(a) When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad.(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense. (Added 1969, No. 76, § 2.)
5 V.S.A. § 3572
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3572. Highway bridges on State highways

§ 3572. Highway bridges on State highways|(a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges which were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense.(b) Construction of new bridges carrying public highways over railroad tracks, and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad. (Added 1969, No. 76, § 3.)
5 V.S.A. § 3573
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3573. Railroad bridges; repairs and construction

§ 3573. Railroad bridges; repairs and construction|When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary, its bridges and abutments; however, construction of new bridges and abutments, and rebuilding and reconstruction of existing bridges and abutments, made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the railroad at State expense. (Added 1969, No. 76, § 4.)
5 V.S.A. § 3574
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3574. Expense; apportionment; State, municipality, and railroad

§ 3574. Expense; apportionment; State, municipality, and railroad|When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.)
5 V.S.A. § 3575
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3575. Maintenance, road bed; underpass

§ 3575. Maintenance, road bed; underpass|The maintenance of the road bed of the highway through an underpass shall be borne by the State or municipality, or both, unless, upon petition, the Board shall order otherwise. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
5 V.S.A. § 3576
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3576. Expense; State highways

§ 3576. Expense; State highways|When a highway is controlled and maintained by the State, the expense shall be borne by the State. (Amended 1969, No. 76, § 6.)
5 V.S.A. § 3577
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3577. Liability; railroad

§ 3577. Liability; railroad|A railroad corporation constructing a railroad across a highway shall be liable to the town, within whose limits the crossings are, for damages occasioned to that town by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions against the corporation by reason of the noncompliance. (Amended 1969, No. 76, § 7.)
5 V.S.A. § 3578
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3578. Release of corporation from liability

§ 3578. Release of corporation from liability|The liability of the corporation shall continue although the railroad has been abandoned, unless the selectboard members of the town consent in writing that the corporation be released therefrom, or unless the corporation or its assigns restore such crossing to its original state of usefulness and permanency. Such written consent shall be recorded in the record of deeds in the town clerk's office by such selectboard members.
5 V.S.A. § 3579
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3579. Towns may require repairs

§ 3579. Towns may require repairs|When the selectboard of a town in which such crossing is located are of opinion that such bridge, culvert, crossing, or construction requires repairing or rebuilding in order to be safe for travel thereon, the selectboard may notify the corporation required by this chapter to repair or rebuild the same, by leaving a written notice to that effect with the president, superintendent of such road, or the clerk of such corporation. When such corporation does not repair or rebuild the same within one month after such notice, the town may apply by petition to the Transportation Board to be heard thereon. Upon due notice and hearing, the Board may order and compel such repairs or rebuilding to be made as are necessary for the safety of the traveling public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.)
5 V.S.A. § 3580
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3580. Contract between town and company not affected

§ 3580. Contract between town and company not affected|Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or other construction.
5 V.S.A. § 3581
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3581. Warning devices and signs at grade crossings; exemption from stopping

§ 3581. Warning devices and signs at grade crossings; exemption from stopping|(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade.(b) The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as "exempt" and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days of such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix "exempt" signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign.(c) At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an "exempt" crossing designation. The railroad and the person having control of the highway shall remove the "exempt" signs as directed by the Transportation Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153, § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49, § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a.)
5 V.S.A. § 3582
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3582. Crossings; use of audible warning device

§ 3582. Crossings; use of audible warning device|(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train's approach and shall be kept sounding until the train has crossed the highway.(b) Notwithstanding subsection (a) of this section, the Agency, following the procedures set forth in 3 V.S.A. chapter 25, may prohibit the sounding of audible warning devices at public and private grade crossings equipped with the following safety features or other safety features of similar effect:  (1) Flashing lights in each direction which are automatically activated by approaching trains. (2) Two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered. (3) A bell that is automatically activated by the approaching train. (4) Overhead street lights. (5) Signs posted before the crossing in each direction warning motorists and pedestrians of the crossing ahead. (6) Posted speed limits for traffic of not more than 40 miles per hour. (7) Not more than two lanes of vehicular traffic in each direction at the crossing.   (c) No prohibition by the Agency under subsection (b) of this section shall become effective until the Federal Railroad Administration grants a waiver or exemption under 49 U.S.C. § 20153. The Agency shall promptly notify all affected railroads when a waiver or exemption is granted.(d) A railroad operating a train over a crossing at which the Agency has prohibited the sounding of audible warning devices shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.(e) Nothing in this section shall prohibit a railroad's use of an audible warning device in emergency circumstances.(f) A municipality in which a crossing is located shall not, on the basis of the railroad's omission to sound an audible warning device because of a prohibition by the Agency under subsection (b) of this section, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5.)
5 V.S.A. § 3583
2021 Vermont Statutes|Title 5 - Aeronautics and Surface Transportation|Chapter 68 - Construction and Operation of the Road|§ 3583. Penalty

§ 3583. Penalty|When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.