reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5181. Purchasers at sale have rights of original corporation; redemption

§5181. Purchasers at sale have rights of original corporation; redemption
When the franchise of a railroad and its road, wholly or partly constructed, or the right of redeeming the same from a mortgage, are sold by a decree of court by a power of sale in a mortgage, or on execution, the purchasers have all the rights, powers and obligations of the corporation under its charter and may form a new corporation in the manner provided. If the original corporation or those claiming under it have a right to redeem, they may do so in the manner provided for the redemption of mortgaged real estate, but shall pay, in addition to the amount of the sale and interest, the reasonable expenditures made by the new corporation in completing, repairing and equipping the road, and in the purchase of necessary property, after deducting the net earnings.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5182. Succession to rights and obligations of original corporation

§5182. Succession to rights and obligations of original corporation
The trustees of bondholders or other parties under contract with them operating a railroad and all corporations formed in the modes provided have the same rights, powers and obligations as the old corporation had by its charter and the general laws. All rights and privileges are subject to amendment, alteration or repeal by the Legislature and to all the general laws concerning railroads, notwithstanding anything to the contrary in the original charter.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5183. Original corporation continues, to close business, and for actions

§5183. Original corporation continues, to close business, and for actions
The original corporation shall exist, after the foreclosure of the mortgage, for the sole purpose of closing its unsettled business and the right of action against it or its stockholders is not impaired. In actions founded on any of the bonds or coupons secured by the mortgage, the proportional actual value of the property taken under the mortgage shall be deducted.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5184. Courts have jurisdiction of all disputes

§5184. Courts have jurisdiction of all disputes
The Supreme Judicial Court and the Superior Court, in addition to the jurisdiction specifically conferred by this chapter, have jurisdiction of all other matters in dispute, arising under this chapter relating to trustees, mortgages and the redemption and foreclosure of mortgages; but not to take away any rights or remedies that any party has and may elect to enforce by any civil action. In all proceedings relating to trustees or to mortgages, their foreclosure and redemption, not otherwise specifically provided for, the law relating to trusts and mortgages of real estate may be applied.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5185. Application of provisions to mortgages of corporations given to trustees, as if legally foreclosed

§5185. Application of provisions to mortgages of corporations given to trustees, as if legally foreclosed
This subchapter and subchapters III and IV apply to and include all mortgages of franchises, lands, property, hereditaments and rights of property of every kind whatever, whether previously given or to be given by any corporation to trustees, to secure the payment of scrip or bonds of the corporation, in all cases in which the principal of the scrip or bonds has been due and payable for more than 3 years, and remains unpaid in whole or in part, or on which no interest has been paid for more than 3 years, in the same way and to the same extent as if the mortgage had been legally foreclosed, subject to all rights of redemption, as provided in section 5165. The holders of the scrip or bonds shall have the benefit of this subchapter and subchapters III and IV and all the rights and powers of the corporation under its charter and may form a new corporation in the manner provided in this chapter whenever the holders of the scrip or bonds to an amount exceeding 1/2 of the same so elect in writing. Any subsequent foreclosure, in any method provided by law, of the mortgage given to secure the bonds or scrip, shall inure at once for the benefit of the corporation and vest in the corporation the title acquired by the foreclosure.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5186. Holders of unpaid scrip and bonds may foreclose mortgages

§5186. Holders of unpaid scrip and bonds may foreclose mortgages
A corporation formed by the holders of the scrip or bonds, or if no such corporation has been formed, the holders of not less than a majority of the scrip or bonds, may commence a civil action to foreclose the mortgage and the court may decree a foreclosure thereof, unless the arrears are paid within such time as the court orders.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5187. Capital stock of new corporation; value of shares; no further assessment

§5187. Capital stock of new corporation; value of shares; no further assessment
The capital stock of the new corporation shall be equal to the amount of unpaid bonds and overdue coupons secured by the mortgage, taken at their face value at the time of the organization of the new corporation, together with the amount required to redeem any prior mortgage and shall be divided into shares of $100 each. All stock issued shall be taken and considered as paid for in full and shall not be liable to further assessment. No person, taking or holding the stock, may by reason of the taking or holding be liable for the debts of the corporation.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5188. Organization certificate filed with Secretary of State

§5188. Organization certificate filed with Secretary of State
Whenever a corporation is organized under section 5163, 5181 or 5185, or under any other law by which a return is not specifically required, the corporation shall file with the Secretary of State a certificate signed and sworn to by the president, treasurer and a majority of the directors of that corporation, setting forth the name of the corporation and all facts as to that organization which are necessary to give full information in relation to that organization. The organization of that corporation shall date from, and it shall have the authority and rights of a corporation, only after filing the certificate.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5189. New corporation may buy right of redemption

§5189. New corporation may buy right of redemption
Any corporation formed under this chapter by the holders of railroad bonds may acquire, by purchase, the right of redemption under the mortgage securing the bonds.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 5: RIGHTS OF PURCHASERS UNDER SALE › 23 §5190. When franchise lost; action for dissolution

§5190. When franchise lost; action for dissolution
Whenever any railroad corporation, by foreclosure of a mortgage or in any other method authorized by law, has finally parted with its franchise to construct, operate and maintain the railroad described in its charter, any stockholder may maintain a civil action in the Superior Court for the winding up of the affairs and dissolution of that corporation. In such case the court shall order such notice to all parties interested as it may deem proper and proceed according to the usual course of civil actions. No trustee may be appointed, except upon motion of some party to the proceedings and then only in the discretion of the court.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6001. Land bought or taken

§6001. Land bought or taken
A railroad corporation, for the location, construction, repair and convenient use of its road, may purchase or take and hold, as for public uses, land and all materials in and upon it. Through woodland and forest the land so taken shall not exceed 6 rods in width unless necessary for excavation, embankment or materials and through all land other than woodland and forest, the land so taken shall not exceed 4 rods in width unless necessary for excavation, embankment or materials.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6002. Land for improvements; proceedings

§6002. Land for improvements; proceedings
Any railroad corporation may purchase or take and hold, as for public uses, additional land or rights in land, at any time required for improving the alignment or grades of its road, for double tracking its road, for protecting the tracks against erosion of adjoining or adjacent land or against the action of the elements, or reasonably necessary in the enhancement of public safety at dangerous curves or crossings; and land or rights therein, for borrow, ballast and gravel pits, necessary tracks, side-tracks, spur tracks, freight or passenger yards, stations, station grounds, approaches to stations and station grounds and to other facilities furnished by the railroad for public use, coal sheds, woodsheds, water tanks, repair shops, car, engine, freight and section houses, section dwelling houses and storage warehouses, or other structures, which the Department of Transportation, after hearing, finds to be reasonably required in the safe, economical and efficient operation of the railroad and in rendering of adequate service to the public. If the owner or owners of that land do not consent, if the parties do not agree as to the necessity for the taking or as to the area to be taken or if the parties are unable to agree as to the fair value of the land, the corporation may make written application to the Department of Transportation requesting its approval of the taking by the railroad corporation for any such public uses, describing the land and appurtenances and naming the persons interested. The department shall then appoint a time for a hearing near the premises and require notice to be given to the persons interested, as they may direct, at least 14 days before that time. The department shall then view the premises; hear the parties; determine how much, if any, of the real estate should be taken for the reasonable accommodation of the traffic, the safe operation of the railroad and the appropriate business of the corporation; and enter an order containing a definite description of the real estate and furnish the corporation with a true copy of the order. When a certified copy of the order is filed with the registry of deeds in the county where the land lies, the land shall be deemed and treated as taken. When land is held by a tenant for life and the reversion is contingent as to the persons in whom it may vest on the termination of the life estate, that fact shall be stated in the application and the department shall, in addition to the notice to the tenant for life, give notice by publication to all others interested, in such manner as it deems proper.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6003. Change in location

§6003. Change in location
Any railroad corporation may make any changes in the location of its road which it deems necessary or expedient and the changes shall be recorded where the original location was required by law to be recorded.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6004. Land taken for change

§6004. Land taken for change
Any railroad corporation may purchase, or take and hold as for public uses, land and materials necessary for making any changes authorized by section 6003, in the manner authorized by its charter or the general provisions of law and may cross highways and town ways in accordance with the law regulating those crossings.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6005. Limitation of right to enter or take land

§6005. Limitation of right to enter or take land
The land taken shall not be entered upon, except to make surveys, before the location has been filed and the damages estimated and secured as provided. No railroad corporation may take, without consent of the owners, meetinghouses, dwelling houses or public or private burying grounds.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6006. Branch tracks

§6006. Branch tracks
Any railroad corporation may locate, construct and maintain branch railroad tracks to any railroad station of another corporation or to connect with another railroad or to any mills, mines, quarries, gravel pits, log landing or yard, warehouses and storehouses, airports, piers, docks, shipyards, educational institutions or manufacturing establishments erected, or in process of erection, in any town or township through which the main line of that railroad is constructed, but not within any city without the consent of the city government and for that purpose the corporation shall have all the powers and rights granted and be subject to all the duties imposed upon it by its charter.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6007. Estimate of damages; guardian; security for costs

§6007. Estimate of damages; guardian; security for costs
For real estate taken pursuant to section 6002, the owners are entitled to damages to be paid by the corporation. The corporation shall attempt to settle the amount of damages, with the consent of the owners, within 60 days from the date of the taking. If all parties do not agree on the amount of damages, they shall be estimated by the county commissioners on written application by either party. The county commissioners shall estimate the damages within one year of the date application is made. When no estimate is made within that time, the owner may maintain a civil action or have any remedy provided. The guardian of a person incapable of giving a valid conveyance whose land is taken may settle and give a valid release for damages. Persons having any interest in that land have the rights and remedies of owners to the extent of their interest. When requested by the owner, the commissioners shall require the corporation to give security for the payment of damages and costs by depositing, at its risk, with the clerk, specie, notes or obligations of a state or public corporation or other security satisfactory to the party requiring it. When entitled to it, so much of any specie so deposited shall be paid to him as will satisfy his judgment. Notes or obligations so deposited shall be delivered to the officer having a warrant of distress, to be by him sold as personal property is sold on execution, to satisfy the warrant and fees and any balance shall be paid to the treasurer of the corporation. When it neglects for more than 30 days to give the security required, the owner is entitled to the remedies by injunction.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6008. Petitions for assessment of damages

§6008. Petitions for assessment of damages
In all cases of petition to the commissioners of any county praying for the assessment of damages on account of any railroad corporation having taken lands in the county, the notice to the adverse party of the time and place of the hearing shall be a personal notice of 14 days or by publication of the petition and order of notice on the petition in some newspaper published in said county, 2 weeks successively, the last publication to be 14 days before the hearing.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6009. Cattle guards and passes; double damages

§6009. Cattle guards and passes; double damages
The county commissioners shall order the corporation to make and maintain such cattle guards, cattle passes and farm crossings as they think reasonable and prescribe the time and manner of making them and consider this work in awarding pecuniary damages. If the corporation after 48 hours' notice in writing to its president or superintendent neglects to commence the work or complete it within a reasonable time, the owner may apply to the Superior Court and the court, after due notice to the corporation, shall issue all necessary processes to enforce the specific performance of the orders or restrain it by injunction or the party interested may recover, in a civil action, double the damage that he has sustained by the neglect.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6010. Award of damages; terms and conditions

§6010. Award of damages; terms and conditions
The county commissioners in awarding damages for land or other property taken by any railroad company may, on the application of the railroad company, prescribe such terms and conditions, in all respects, for the use of the land or property taken, by the owners of the land or property and the railroad company respectively, as will secure the best accommodation of the owners and the proper and convenient use of the land or property by the railroad company. In case of appeal by either party, the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6011. Commissioners' report of damages and rights of parties; notice

§6011. Commissioners' report of damages and rights of parties; notice
The county commissioners shall at a regular session make a report of their general estimate of damages, stating specifically the terms and conditions imposed by them, the rights and obligations of each party and the elements of damage as provided for land taken for highway purposes under section 154, subsections 2, 3 and 4, and cause it to be recorded. Their clerk shall then make out a notice to each person, stating the amount of damages awarded to him and the elements of damage, which shall be served by an officer on those resident in the State and upon others, if any, by a publication 3 weeks successively in a newspaper printed in the county, if any or, if not, in the state paper. The expense of notices shall be added to the costs of the proceedings and paid accordingly.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6012. Appeals; notice and proceedings

§6012. Appeals; notice and proceedings
Any person, aggrieved by the decision or judgment of the county commissioners in relation to damages for land taken for railroad purposes, may appeal to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the commissioners is made, which court shall determine the damages by a committee of reference if the parties so agree or by a verdict of its jury and shall render judgment and issue execution for the damages recovered, with costs to the party prevailing in the appeal. No committee or jury shall alter the requirements in the report of the commissioners. The appellants shall, when the appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and shall give written notice of appeal with a copy of the complaint to the opposite party. An appeal may be taken to the Law Court as in other actions.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6013. Deposit of damages, interest and costs

§6013. Deposit of damages, interest and costs
When the proceedings are closed, the corporation may deposit with the clerk the amount of damages, with interest from the time when the estimation was recorded, and legal costs, in full satisfaction therefor, unless a demand had been previously made and payment neglected.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6014. When damages not paid

§6014. When damages not paid
When the damages remain unpaid for more than 30 days after they are due and demanded, equitable relief may be requested by the person entitled to them, praying for an injunction against the use or occupation of his land taken. If proceedings for an estimation of damages are not commenced within 3 years and the owner of the land requests equitable relief, the court may estimate the damages, decree their payment and issue an execution. The court, after summary notice to the corporation and upon proof of the facts may, without any bond filed, issue an injunction prohibiting the use and occupation until all damages and costs are paid. If payment has not been made within 90 days, a permanent injunction may be issued; and all rights acquired by taking the land and all rights of property in and to whatever has been placed upon it cease and the owner may maintain an action for its recovery and protection.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6015. Service of process and notice

§6015. Service of process and notice
Service of process and notice may be made as process is served in other actions. Service of an injunction issued against any person, whether a party to the action or not, may be made upon him and he shall be liable to all the penalties and consequences provided for a breach of it.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6016. Breach of injunction

§6016. Breach of injunction
The court may order persons violating the injunction, after service or using the land, to show cause at a time fixed, why a decree should not be entered and execution issued against them individually and their goods and estate, for the damages, interest, costs and for additional damages and costs for breach of the injunction. Upon service and return of the order, the court may enter such decree as is just and equitable against those persons and issue execution accordingly or may proceed against them as for breach of injunction in other civil actions.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6017. Station grounds not to be taken by another company

§6017. Station grounds not to be taken by another company
No railroad corporation may take the grounds occupied by any other railroad company and necessary for its use for station purposes, without its consent. When application is made to take those grounds, the Department of Transportation, upon notice and hearing, shall determine whether the land proposed to be taken is necessary or not and whether any public necessity requires it to be taken.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6018. Use of passenger stations

§6018. Use of passenger stations
Whenever any railroad passenger station is erected or maintained in any city or town in this State, any railroad corporation having or using a track or passenger station within that city or town may run its passenger trains to and from the station, over any railroad track or tracks leading to the station, and use the same for the purpose of delivering and receiving through passengers, under such reasonable terms and regulations and over such tracks as may be agreed upon by the owner of the station, the railroad whose tracks are used in running to and from the same and the railroad corporation so desiring its use for that purpose and, in case of disagreement, upon petition, notice and hearing, the Department of Transportation shall fix and determine those terms, tracks and rules. No corporation which denies, in any proceedings, the authority of the Department of Transportation to proceed and make the determination, or which refuses to abide by its decision rendered in the proceedings, may avail itself of this section.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6019. Loitering about or soliciting passengers

§6019. Loitering about or soliciting passengers
1.  Loitering prohibited.
A person may not loiter or remain, without right, within any car or station house of a railroad corporation or upon the platform or grounds adjoining that station after being requested to leave by a railroad officer.
[PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Soliciting passengers prohibited.
A person may not solicit passengers, in competition with a railroad corporation, in a station or on the station grounds or wharves of the railroad corporation without a written permit signed by an officer of the corporation authorized to issue the permit.
[PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalties.
A person who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged.
[PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 2003, c. 452, §L10 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6020. Law posted

§6020. Law posted
The officers of all railroad corporations shall cause a copy of section 6019 to be posted in a conspicuous place at the several stations along the line of their roads.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6021. Fences; liability for injuries

§6021. Fences; liability for injuries
Where a railroad passes through enclosed or improved land, or woodlots belonging to a farm, legal and sufficient fences shall be made on each side of the land taken therefor, before the construction of the road is commenced, and the fences shall be maintained and kept in good repair by the corporation. For any neglect of that duty during the construction of the road, and for injuries thereby occasioned by its servants, agents or contractors, the directors are jointly and severally personally liable. For any subsequent neglect, the corporation shall be fined a sum sufficient to make or repair the fence, to be recovered by indictment and expended by an agent appointed by the court.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6022. Line fences built on notice of abutter

§6022. Line fences built on notice of abutter
The owner of any enclosed or improved land or woodlot belonging to a farm abutting upon any railroad, which is finished and in operation, may at any time between the 20th day of April and the end of October give written notice to the president, treasurer or any of the directors of the corporation owning, controlling or operating that railroad that the line fence against his land has not been built, or if built, that the fence is defective and needs repair. If the corporation neglects to build or repair the fence for 30 days after receiving notice, it forfeits to the owner $100, to be recovered in a civil action.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6023. Injuring fences; turning animals into railroad enclosure

§6023. Injuring fences; turning animals into railroad enclosure
1.  Injuring fence.
A person may not take down or intentionally injure a fence erected to protect the line of a railroad.
[PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Turning animals into railroad enclosure.
A person may not turn a horse, cattle or other animal upon or within the enclosure of a railroad.
[PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalty.
A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 1991, c. 797, §7 (AMD). PL 2003, c. 452, §L11 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6024. Company liable for trespasses on adjoining land

§6024. Company liable for trespasses on adjoining land
The corporation is liable for trespasses and injuries to lands and buildings adjoining or in the vicinity of its road committed by a person in its employment or occasioned by its order, if the party injured within 60 days after the injured gives notice to the corporation; but its liability does not extend to acts of willful and malicious trespass. The person committing a trespass is also liable.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 607: REAL ESTATE › 23 §6025. No title to lands of railroads by adverse possession

§6025. No title to lands of railroads by adverse possession
No title to any real estate or any interest in real estate may be acquired against any railroad corporation by adverse possession, however exclusive or long continued.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6071. Short title

§6071. Short title
This chapter shall be known and may be cited as the "Maine State Railroad Police Act."   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6072. Definitions

§6072. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
1.  Qualified person.
"Qualified person" means a person who:
A. Has met all the education and training requirements as outlined under former Title 25, section 2805, first paragraph or Title 25, section 2804‑B or 2804‑C;   [PL 2009, c. 317, Pt. B, §1 (AMD).]
A-1. Continues to meet all the in-service training requirements pursuant to Title 25, section 2804‑E; and   [PL 2003, c. 199, §1 (NEW).]
B. Is of good moral character and has no record of conviction of a serious crime.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
The qualification requirements of paragraph A do not apply to any individual who was employed on a full-time basis by a railroad as a police officer on October 24, 1977.
[PL 2009, c. 317, Pt. B, §1 (AMD).]
2.  Railroad; railroads; railway company.
"Railroad," "Railroads" or "railway company" or any combination of those terms means a corporation engaged as a common carrier in the furnishing or sale of transportation by railroad, if subject to the jurisdiction of the Interstate Commerce Commission.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 2003, c. 199, §1 (AMD). PL 2009, c. 317, Pt. B, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6073. Appointment

§6073. Appointment
The Commissioner of Public Safety may commission and rescind the commissions of all railroad police officers in the State. The commissioner may commission and rescind the commissions of railroad police officers recommended and appointed by the chief police officer, or in his absence the chief operating officer of any railroad located wholly or partially within the State. Railroad police officers shall be qualified persons as defined in section 6072, subsection 1, and are subject to the existing rules of the commissioner. Nothing contained in this Act may relieve any railroad from any civil liability for acts of a policeman in exercising or attempting to exercise the powers conferred by this Act.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6074. Oath of office

§6074. Oath of office
Each policeman so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the Commissioner of Public Safety.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6075. Powers

§6075. Powers
Each policeman may, in all cases in which the rights of the appointing railroad are involved, exercise within this State all powers, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6076. Disposition of persons arrested

§6076. Disposition of persons arrested
The keepers of jails, lockups and station houses in any county, city or town, shall receive all persons arrested by railroad police for the commission of any offense against the laws of this State, or the ordinances of any city or town, to be dealt with according to law and persons arrested shall be received by keepers of jails, lockups or station houses and those persons have the same status as other persons arrested by any other police or peace officer of this State.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6077. Carrying of shield

§6077. Carrying of shield
Each policeman so appointed and commissioned shall, when on duty, carry a shield or star with the words "Police," "Railroad Police" or "Railway Police" and the name of the appointing railroad inscribed on the shield. The shield or star shall be of uniform design. This shield or star shall be worn in plain view when in uniform. The policeman shall also carry, when on duty, an identification card issued by the appointing railroad.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6078. Compensation and training

§6078. Compensation and training
The railroad to which each railroad police officer is assigned shall be responsible for the compensation and financial cost of training of railroad police officers.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6079. Reciprocity

§6079. Reciprocity
In order to more effectively carry out the purposes of this Act, the Governor of this State, referred to as the empowering State, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, subject to any regulations prescribed under that agreement, empowering a railroad policeman with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense or offenses against the empowering or the reciprocal state, but only to the extent that the offense is, or offenses are, committed on property owned, operated or maintained by the appointing railroad or committed against property owned or in the possession of that railroad.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 609: MAINE STATE RAILROAD POLICE ACT › 23 §6080. Termination of authority

§6080. Termination of authority
Upon termination of employment of any railroad policeman, the powers of that policeman shall cease and terminate. Within 10 days after the termination, the appointing railroad shall, through its designated chief police officer or, in the absence of a chief police officer, its chief operating officer, file a notice of termination of employment of that individual with the Commissioner of Public Safety.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7001. Brakemen

§7001. Brakemen
No train of passenger cars, moved by steam, may be run without one trusty and skillful brakeman to every 2 cars.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7002. Danger signals, where disconnected cars left on track; penalty

§7002. Danger signals, where disconnected cars left on track; penalty
No car disconnected from a train may be left or permitted to remain standing on the main track of any railroad, unless accompanied by danger signals, such as flagging by day and lanterns by night, placed at such distances from the obstruction on the main line of the road as will insure safety to and from moving trains. The signals shall be in the charge of and constantly attended by employees of the corporation owning or operating the road.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
A railroad corporation violating any provision of this section forfeits for each offense, $100 to the State, to be recovered in a civil action or by complaint and indictment; and the Attorney General shall prosecute for that violation.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7003. Railroad liable for damages from locomotive fire; entitled to benefit of any insurance

§7003. Railroad liable for damages from locomotive fire; entitled to benefit of any insurance
When a building or other property is injured by fire communicated by a locomotive engine, the corporation using it is responsible for that injury and it has an insurable interest in the property along the route for which it is responsible, and may procure insurance on that property. The corporation shall be entitled to the benefit of any insurance upon such property effected by the owner of the property less the premium and expense of recovery. The insurance shall be deducted from the damages, if recovered before the damages are assessed or, if not, the policy shall be assigned to the corporation which may maintain an action on the policy, or prosecute, at its own expense, any action already commenced by the insured, in either case with all the rights which the insured originally had.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7004. Intoxication of railroad employees on duty

§7004. Intoxication of railroad employees on duty
Whoever, having charge of a locomotive engine or acting as conductor, brakeman, motorman or switchman, is intoxicated while employed on a railroad shall be punished by a fine of not more than $100 or by imprisonment for not more than 6 months.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7005. Negligence of employees

§7005. Negligence of employees
Any person employed in conducting trains, who is guilty of negligence or carelessness causing an injury, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months; but the corporation employing him is not thereby exempt from responsibility.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7006. No liability for death of person walking on road

§7006. No liability for death of person walking on road
No railroad corporation is liable for the death of a person walking or being on its road contrary to law or to its valid rules.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7007. Penalty for being on track or bridge or entering track with team or vehicle

§7007. Penalty for being on track or bridge or entering track with team or vehicle
1.  Walking or standing on track or bridge.
A person may not, without right, stand or walk on a railroad track or railroad bridge or pass over a railroad bridge except by railroad conveyance.
[PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Entering track.
A person may not, without right, enter upon a railroad track with a team or a vehicle however propelled or drive any team or propel a vehicle upon a railroad track.
[PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalties.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a traffic infraction for which a fine of not less than $50 and not more than $100 may be adjudged.   [PL 2017, c. 329, §2 (AMD).]
B. A person who violates subsection 1 after having previously violated subsection 1 commits a traffic infraction for which a fine of not less than $250 and not more than $500 may be adjudged.   [PL 2017, c. 329, §2 (AMD).]
C. A person who violates subsection 1 after having previously violated subsection 1 2 times commits a traffic infraction for which a fine of not less than $750 and not more than $1,000 may be adjudged.   [PL 2017, c. 329, §2 (AMD).]
C-1. A person who violates subsection 1 after having previously violated subsection 1 3 or more times commits a Class E crime.   [PL 2015, c. 204, §1 (NEW).]
D. A person who violates subsection 2 commits a Class E crime. Violation of subsection 2 is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.   [PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2017, c. 329, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 1991, c. 797, §8 (AMD). PL 1999, c. 318, §1 (AMD). PL 2003, c. 452, §L12 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2015, c. 204, §1 (AMD). PL 2017, c. 329, §2 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7008. Posting of law

§7008. Posting of law
A printed copy of section 7007 shall be kept posted in a conspicuous place in every railroad passenger station; for failure to post, the corporation forfeits not more than $100 for every offense.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7009. Stranger entering or leaving moving train; liability of corporation not affected

§7009. Stranger entering or leaving moving train; liability of corporation not affected
Any person, other than a servant or employee of the road, or a passenger holding a ticket for a passage over the road, or mail agent or expressman, who gets upon or leaves any steam engine, tender or car at any place outside of a railroad station while that engine, tender or car is in motion, shall be punished by a fine of not more than $10 or by imprisonment for not more than 30 days. This provision does not affect the liability of any railroad corporation for injuries or damages caused by the fault or negligence of the corporation or its servants.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7010. Changing switch or lights

§7010. Changing switch or lights
Whoever, without authority, alters, changes or in any manner interferes with any safety switch or switch lights on any railroad commits a Class E crime.   [PL 1991, c. 797, §8 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 1991, c. 797, §8 (AMD).