reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 412: WATERBORNE TRANSPORTATION › Subchapter 2: MAINE PORT AUTHORITY › 23 §4428. Funds received to support marine port linkages

§4428. Funds received to support marine port linkages
Notwithstanding any other provision of this subchapter, funds paid to the Maine Port Authority as a result of state investments or loans for the development of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations may be used by the Maine Port Authority, in cooperation with the Department of Transportation, to undertake projects that link the State's marine ports to freight networks within the State.   [PL 2021, c. 555, §4 (AMD).]
SECTION HISTORY
PL 1997, c. 643, §AA2 (NEW). PL 2021, c. 555, §4 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 412: WATERBORNE TRANSPORTATION › Subchapter 2: MAINE PORT AUTHORITY › 23 §4429. Marketing program

§4429. Marketing program
The Maine Port Terminal Facilities Marketing Program is established to encourage and promote business opportunities for marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations developed by the Maine Port Authority or the Department of Transportation including facilities in Portland, Searsport and Eastport. The Maine Port Authority shall develop and implement the marketing program. The authority may enter into agreements or cooperative arrangements with any person or entity for the purpose of increasing the use of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations developed by the Maine Port Authority or the Department of Transportation. The authority may receive, administer and disburse funds, either independently or in conjunction with state funds allocated for the purpose, as long as funds contributed are used only for the purpose of marketing and economic development programs.   [PL 2021, c. 555, §5 (AMD).]
SECTION HISTORY
PL 2001, c. 439, §LLLL1 (NEW). PL 2021, c. 555, §5 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 412: WATERBORNE TRANSPORTATION › Subchapter 2: MAINE PORT AUTHORITY › 23 §4430. Employees

§4430. Employees
1.  Employees; executive director.
The board of directors of the Maine Port Authority shall hire an executive director and set the compensation, fringe benefits and term and determine all other significant employment provisions regarding the executive director. The board may authorize the executive director to hire other employees necessary or desirable to fulfill its purposes, if the board approves the compensation, fringe benefits and terms and determines all other significant provisions regarding those employees. The board may also authorize the executive director to competitively procure contracts for port operations, capital planning services, engineers, construction contractors, marketing services, finance and accounting services, attorneys, inspectors and other consultants or services necessary or desirable to fulfill its purposes.
[PL 2021, c. 555, §6 (AMD).]
2.  Retirement.
Employees of the Maine Port Authority are subject to the state retirement system provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2.
The retirement accounts of state employees transferred to the authority in its capacity as an independent agency must remain in the state regular plan. New employees of the authority shall also become members of the Maine Public Employees Retirement System under the state regular plan. The authority shall make employer retirement plan contributions at the state regular plan rate. Employee retirement plan contributions are at the state regular plan rate.
Authority employees are entitled to receive the same retirement health benefits as state employees.
[PL 2007, c. 58, §3 (REV); PL 2007, c. 134, §5 (NEW).]
3.  Fringe benefits.
The accrued fringe benefits of state employees transferred to the Maine Port Authority in its capacity as an independent agency, including vacation and sick leave, health and life insurance and retirement, remain with the transferred employee.
[PL 2007, c. 134, §5 (NEW).]
SECTION HISTORY
PL 2007, c. 58, §3 (REV). PL 2007, c. 134, §5 (NEW). PL 2021, c. 555, §6 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 412: WATERBORNE TRANSPORTATION › Subchapter 2: MAINE PORT AUTHORITY › 23 §4431. Report to Legislature; departmental review of certain fiscal items

§4431. Report to Legislature; departmental review of certain fiscal items
1.  Annual report.
Beginning January 1, 2023, on an annual basis, the Maine Port Authority shall present a report of the authority's activities for the preceding fiscal year, including a report of its receipts and expenditures from all sources and a description of progress toward its strategic goals, to the Legislative Council and send copies to the joint standing committee of the Legislature having jurisdiction over transportation matters and to the Commissioner of Transportation.
[PL 2021, c. 555, §7 (NEW).]
2.  Budget and fiscal items affecting department.
Beginning May 1, 2023, on an annual basis, the executive director shall present the portions of the operating budget, the capital plans and all other fiscal items of the Maine Port Authority that affect the budgets, capital planning or work plans of the Department of Transportation for the next fiscal year to the Commissioner of Transportation for approval. The Maine Port Authority may make expenditures regarding such items only in accordance with allocations approved annually by the commissioner or in accordance with changes approved by the commissioner or the commissioner's designee.
[PL 2021, c. 555, §7 (NEW).]
SECTION HISTORY
PL 2021, c. 555, §7 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 412: WATERBORNE TRANSPORTATION › Subchapter 3: PORT FACILITIES RELATING TO OFFSHORE WIND POWER PROJECTS › 23 §4441. Port facility-related requirements

§4441. Port facility-related requirements
1.  Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Offshore wind power project" has the same meaning as in Title 35‑A, section 3405, subsection 1, paragraph C.   [PL 2023, c. 481, §1 (NEW).]
B. "Offshore wind terminal" has the same meaning as in Title 35‑A, section 3410, subsection 1, paragraph D.   [PL 2023, c. 481, §1 (NEW).]
C. "Public authority" has the same meaning as in Title 26, section 1304, subsection 7.   [PL 2023, c. 481, §1 (NEW).]
D. "Public work" has the same meaning as in Title 26, section 1304, subsection 8.   [PL 2023, c. 481, §1 (NEW).]
[PL 2023, c. 481, §1 (NEW).]
2.  Public works; offshore wind terminals; agreements.
Notwithstanding Title 26, section 3601, if an offshore wind terminal that is a public work is constructed or altered for the purpose of supporting an offshore wind power project, the public authority responsible for the construction or alteration shall require agreements that comply with 29 United States Code, Section 158(f) or Title 35‑A, section 3408, subsection 3 for all construction work.
[PL 2023, c. 481, §1 (NEW).]
3.  Public-private partnership; agreements.
If an offshore wind power project involves a public-private partnership that includes the lease of an offshore wind terminal owned or operated by the State, including any port facility owned or operated by the Maine Port Authority, the department, authority or other agency responsible for granting the lease shall require agreements that comply with 29 United States Code, Section 158(f) or Title 35‑A, section 3408, subsection 3 as a condition of the lease for all on-site construction and fabrication of materials for the offshore wind power project.
[PL 2023, c. 481, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 481, §1 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 413: MAINE TRANSPORTATION CAPITAL IMPROVEMENT PLANNING COMMISSION (REPEALED) › 23 §4501. Commission (REPEALED)

§4501. Commission
(REPEALED)
SECTION HISTORY
PL 1987, c. 542, §§G2,G3 (NEW). PL 1987, c. 769, §A87 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 413: MAINE TRANSPORTATION CAPITAL IMPROVEMENT PLANNING COMMISSION (REPEALED) › 23 §4502. Composition; appointment; term (REPEALED)

§4502. Composition; appointment; term
(REPEALED)
SECTION HISTORY
PL 1987, c. 542, §§G2,G3 (NEW). PL 1987, c. 769, §A87 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 413: MAINE TRANSPORTATION CAPITAL IMPROVEMENT PLANNING COMMISSION (REPEALED) › 23 §4503. Administrative authority (REPEALED)

§4503. Administrative authority
(REPEALED)
SECTION HISTORY
PL 1987, c. 542, §§G2,G3 (NEW). PL 1987, c. 769, §A87 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 6: WATERBORNE TRANSPORTATION › Chapter 413: MAINE TRANSPORTATION CAPITAL IMPROVEMENT PLANNING COMMISSION (REPEALED) › 23 §4504. Duties (REPEALED)

§4504. Duties
(REPEALED)
SECTION HISTORY
PL 1987, c. 542, §§G2,G3 (NEW). PL 1987, c. 769, §A87 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 601: DEFINITIONS AND MISCELLANEOUS › 23 §5001. Definitions

§5001. Definitions
As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
1.  Railroad.
"Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
1-A.  Off-system railroad.
"Off-system railroad" includes any railroad not connected to the national rail system and not regulated by the Federal Railroad Administration or its successors.
[PL 1993, c. 67, §1 (NEW).]
2.  Railroad company.
"Railroad company" includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
3.  Steam railroad or steam railroad company.
"Steam railroad" or "steam railroad company" means any railroad or terminal company, however chartered, using steam as its motive power or using Diesel engines; and the term "electric railroad" or "electric railroad company" means any railroad or terminal company using electricity as its motive power.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
4.  Transportation of persons.
"Transportation of persons" includes every service in connection with or incidental to the safety, comfort and convenience of the person transported and the receipt, carriage and delivery for that person and his baggage.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
5.  Transportation of property.
"Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage and handling, and the transmission of credit by express or telegraph companies.
[PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). PL 1993, c. 67, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 601: DEFINITIONS AND MISCELLANEOUS › 23 §5002. Liability of railroads for payment of laborers

§5002. Liability of railroads for payment of laborers
Every railroad company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment of all labor thereafter performed in constructing the road by persons in their employment. The company is liable to the laborers employed for labor actually performed on the road if they, within 20 days after the completion of the labor, in writing, notify its treasurer that they have not been paid by the contractors, but the liability terminates unless the laborer commences an action against the company within 6 months after giving the notice.   [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 601: DEFINITIONS AND MISCELLANEOUS › 23 §5003. Collection of judgment against foreign lessee

§5003. Collection of judgment against foreign lessee
When any foreign railroad company, which is or has been doing business in this State as the lessee of any railroad, refuses or neglects for 60 days after demand to pay and discharge any judgment recovered by any person against the company owning that leased road for damages to the property of the person by the doings, misdoings or neglects of the foreign company, its agents or servants, which judgment belongs to the foreign company to pay and discharge, the Superior Court, on complaint, may compel payment thereof by the foreign corporation and make, pass and enforce all necessary orders, decrees and processes for the purpose.   [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 601: DEFINITIONS AND MISCELLANEOUS › 23 §5004. Judgment creditor may have remedy against lessors

§5004. Judgment creditor may have remedy against lessors
When any judgment is recovered and the foreign company neglects, for 60 days, to satisfy it, the judgment creditor may have a civil action against the foreign company for the recovery of the amount of the judgment, with interest and costs.   [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 601: DEFINITIONS AND MISCELLANEOUS › 23 §5005. Powers and duties of the Commissioner of Transportation related to railroad safety of off-system railroads

§5005. Powers and duties of the Commissioner of Transportation related to railroad safety of off-system railroads
The commissioner shall formulate and adopt reasonable rules for safe and healthful operation of off-system railroads operating for the transportation of persons or goods. The rules formulated must conform as far as practicable to nationally recognized standards for the safe operation of railroads. These rules may not become effective sooner than 90 days after the date of their adoption.   [PL 1993, c. 67, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 67, §2 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 603: ORGANIZATION › 23 §5071. Approval of location; proceedings

§5071. Approval of location; proceedings
Every corporation organized under this Title, former Title 13-A, Title 13‑C or former Title 35, before commencing the construction of its road, shall present to the Department of Transportation a petition for approval of location, defining its courses, distances and boundaries accompanied with a map of the proposed route; with a profile of the line on the relative scales of profile paper in common use; and with a report and estimate prepared by a skillful engineer from actual survey. The department shall, on presentation of that petition, appoint a day for hearing and the petitioners shall give such notice as the department deems reasonable and proper, in order that all persons interested may have an opportunity to appear and object. If the department, after hearing the petition, approves the proposed location, the corporation may proceed with the construction, provided they first file with the clerk of the county commissioners of each county through which the road passes a plan of the location of the road, defining its courses, distances and boundaries, and a copy of the plan with the department. The location filed may not vary, except to avoid expense of construction, from the route first presented to the department. The location, together with any variation made in that location, must be filed within 2 years from the time when the articles of incorporation are filed in the office of the Secretary of State. The Department of Transportation, upon written application, may extend the time of filing the variations in its discretion. No railroad may be made across tide waters where vessels can navigate without first obtaining special permission of the Legislature.   [RR 2001, c. 2, Pt. B, §40 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
To carry out its directive to ensure the development and maintenance of safe, efficient and reliable rail transportation, the Department of Transportation may locate and construct railroad lines. The department shall give notice of the location of each such railroad line by publishing a description of the location in a newspaper of general circulation in each county through which the line passes. Before commencing construction, the department shall set a day and time for hearing so that all interested persons have an opportunity to appear. If the department, after hearing, determines to proceed with the construction of the railroad line, the department shall file with the registry of deeds of each affected county a plan of the location of the line defining its course, distance and boundaries. This plan must be kept on file and available to the public at the department's office in Augusta. For the purpose of locating and constructing railroad lines, the department may acquire all necessary property interests through purchase, lease, or condemnation pursuant to section 154.   [PL 2001, c. 74, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). RR 2001, c. 2, §B40 (COR). RR 2001, c. 2, §B58 (AFF). PL 2001, c. 74, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 603: ORGANIZATION › 23 §5072. Location; subscribers' objections; proceedings

§5072. Location; subscribers' objections; proceedings
The railroad shall be located within the time and substantially according to the description of its charter and the location shall be filed with the county commissioners, who shall endorse the time of filing thereon and order that location recorded. When a corporation, by its first location, fails to acquire the land actually embraced in its roadway, or the location as recorded is defective or uncertain, it may, at any time, correct and perfect its location and file a new description. In that case, it is liable in damages, by reason of the new or amended location, only for land embraced therein for which the owner had not previously been paid. Railroad charters, whenever granted, limiting the time within which the railroad must be completed do not affect the portion completed within that time and all charters under which railroads have been constructed for a portion of the line authorized are confirmed and made valid as to that portion.   [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 1: FARES AND TOLLS › 23 §5121. Fares and tolls established

§5121. Fares and tolls established
Any railroad corporation may establish and collect for its sole benefit, fares, tolls and charges upon all passengers and property conveyed and transported on its railroad, at such rates as may be determined by the directors of the railroad corporation and shall have a lien on its freight therefor, and may from time to time regulate by its directors the use of its road. The rates of fares, tolls, charges and regulations are at all times subject to alteration by the Legislature or by such officers or persons as the Legislature may appoint for the purpose, anything in the charter of the corporation to the contrary notwithstanding.   [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 1: FARES AND TOLLS › 23 §5122. Rights of ticket holders

§5122. Rights of ticket holders
No railroad company may limit the right of a ticket holder to any given train, but the ticket holder may travel on any train, whether regular or express, and may stop at any of the stations along the line of the road at which the trains stop. The ticket shall be good for passage for one year from the day it was first issued. Railroad companies may sell excursion, return or other special tickets at less than the regular rates of fare, to be used only as provided on the ticket.   [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 1: FARES AND TOLLS › 23 §5123. Railroad tickets; cancellation and exchange

§5123. Railroad tickets; cancellation and exchange
Section 5122 shall not prevent railroad corporations from establishing necessary rules and regulations for the cancellation of tickets and exchange of partially used tickets, but the rules and regulations shall be publicly posted at each ticket office and on all passenger trains and, when practicable, printed upon the tickets. Any ticket or check given in exchange for the unused portion of a partially used ticket continues in force for the full term of the original ticket, as provided in section 5122.   [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 1: FARES AND TOLLS › 23 §5124. Sale of limited tickets

§5124. Sale of limited tickets
No person, other than a duly authorized agent of the railroad company issuing a railroad ticket, may sell, offer for sale or loan any railroad ticket limited to the use of a person or persons specified on the ticket at the time of its issuance by the railroad company, under a penalty of not less than $10 nor more than $100, for each offense, to be recovered on complaint.   [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 1: FARES AND TOLLS › 23 §5125. Evading payment of fare or riding freight train

§5125. Evading payment of fare or riding freight train
No person is entitled to transportation over a steam railroad or upon any ferry or in a taxicab or public automobile, who does not on demand first pay the established fare. Whoever, while being transported over any steam railroad, ferry or in a taxicab or public automobile, willfully refuses on demand to pay the established fare and whoever fraudulently evades payment of the established fare by giving a false answer, by traveling beyond the place to which the person has paid or by leaving a train, ferry, taxicab or public automobile without paying the established fare, whether that fare is demanded or not, forfeits not less than $5 nor more than $20, to be recovered on complaint. No person, without right, may loiter or remain or place or cause to be placed any property or obstruction on the right-of-way of a railroad corporation or on land owned by a railroad corporation adjoining or adjacent to its right-of-way or, without right, may board or attempt to board or remain on any railroad freight train, freight car, caboose, locomotive or work equipment. Any person violating this portion of this section is guilty of a Class E crime.   [RR 2013, c. 2, §35 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW). RR 2013, c. 2, §35 (COR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 605: MANAGEMENT AND OPERATION › Subchapter 2: SERVICES › 23 §5141. Intersecting roads

§5141. Intersecting roads
Railroads intersecting or crossing each other shall be deemed, for all business purposes, connecting 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 605: MANAGEMENT AND OPERATION › Subchapter 2: SERVICES › 23 §5142. Trains crossing at same hour; exchange of baggage

§5142. Trains crossing at same hour; exchange of baggage
When railroads cross each other and passenger trains are due at the crossing at the same hour, the train first arriving shall wait for the arrival of the other, if it comes within 20 minutes. Each shall afford suitable opportunity for passengers desiring to change with their baggage from one train to the other. The superintendent, conductor and engineer of the road violating this provision forfeits to the State for each offense not less than $10 nor more than $50, to be recovered on complaint.   [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 2: SERVICES › 23 §5143. Equal facilities to all expresses

§5143. Equal facilities to all expresses
Every railroad operating in the State shall furnish reasonable and equal facilities and accommodations to all persons engaged in express business for transportation of themselves, agents, servants, merchandise and other property; for the use of their stations, buildings and grounds; and for exchanges at points of junction with other roads, under a penalty of not more than $500, to be recovered by indictment and are liable to the aggrieved party in a civil action for damages.   [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 2: SERVICES › 23 §5144. Discontinuance of service

§5144. Discontinuance of service
No railroad or railroad company may discontinue service to any point served prior to January 1, 1982, unless the railroad or railway company has filed with the Department of Transportation and with any municipality affected by the discontinuance of service and, in the case where service is discontinued solely to one shipper, with that shipper, a written notice of intention to discontinue that service. The written notice shall be given at least 30 days prior to discontinuing the service. This section does not apply to any railroad corporation engaged in interstate commerce while and so long as that corporation is required by federal law to make application to and procure consent from the Interstate Commerce Commission as a condition precedent to any such abandonment of property or discontinuance of service as is contemplated in 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 605: MANAGEMENT AND OPERATION › Subchapter 3: SHARES, COUPONS AND MORTGAGES › 23 §5151. Shares

§5151. Shares
Shares in the capital of railroad corporations are personal estate and may be transferred in the same manner and with the same rights as shares in other corporations are transferred.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5152. Rights of coupon holders

§5152. Rights of coupon holders
When coupons for interest issued with bonds are, for a valuable consideration, detached and assigned by delivery, the assignee may maintain a civil action upon them in his own name against the corporation engaging to pay them.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5153. Trustees; vacancies; elections affirmed; decrees enforced

§5153. Trustees; vacancies; elections affirmed; decrees enforced
When a railroad corporation mortgages its franchise for the payment of its bonds or coupons and trustees are appointed by the corporation, by special law or by the mortgage, the bondholders, at a regular meeting called for the purpose and notified as provided may, from time to time, elect by ballot new trustees to fill vacancies, when no other method for filling vacancies is specifically provided in the appointment, special law or mortgage. Any party interested may present the proceedings of the meeting to the Superior Court. The court shall appoint a time of hearing and order such notice to parties interested as it deems proper, and may affirm the elections and make and enforce any decrees necessary for the transfer of the trust property to the new trustees. The decrees shall be filed with the clerk of the judicial court where the hearing is had and be recorded by him.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5154. Breach of mortgage; meeting of bondholders

§5154. Breach of mortgage; meeting of bondholders
The neglect of the corporation to pay any overdue bonds or coupons secured by a mortgage, for 90 days after presentment and demand on the treasurer or president of the corporation, is a breach of the conditions of the mortgage. Upon such a breach, the trustees shall call a meeting of the bondholders, by publishing the time and place of the meeting for 3 weeks successively in the state paper and in some paper in the county where the road lies, the last publication to be at least one week before the time of the meeting.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5155. One vote for every $100 of bonds

§5155. One vote for every $100 of bonds
At such a meeting and all others, each bondholder present shall have one vote for each $100 of bonds held by him or represented by proxy. They may organize by the choice of a moderator and clerk and determine whether the trustees shall take possession of the road and manage and operate it in their behalf.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5156. Trustees taking possession have corporate powers

§5156. Trustees taking possession have corporate powers
If the bondholders so determine, the trustees shall take possession of the road and all other property covered by the mortgage and have all the rights and powers and be subject to all the obligations of the directors and corporation of the road and may prosecute and defend suits in their own name as trustees.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5157. Receipts and expenditures; trustees not liable; road surrendered

§5157. Receipts and expenditures; trustees not liable; road surrendered
The trustees shall keep an accurate account of the receipts and expenditures of the road and exhibit it, on request, to any officer of the corporation or other person interested. They shall, from the receipts, keep the road, buildings and equipment in repair, furnish such new rolling stock as is necessary and the balance, after paying running expenses, shall be applied to the payment of any damages arising from misfeasance in the management of the road and after that, according to the rights of parties under the mortgage. They are not personally liable except for malfeasance or fraud. When all overdue bonds and coupons secured by the mortgage are paid, they shall surrender the road and other property to the parties entitled to them.   [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 3: SHARES, COUPONS AND MORTGAGES › 23 §5158. Bondholders' meetings; reports; compensation and instructions for trustees

§5158. Bondholders' meetings; reports; compensation and instructions for trustees
The trustees shall annually, and at other times on written request of 1/5 of the bondholders in amount, call a meeting of the bondholders in the manner prescribed in the bylaws of the corporation for calling a meeting of stockholders and report to them the state of the property, the receipts, expenses and the application of the funds. At the meeting, the bondholders may fix the compensation of the trustees; instruct them to contract with the directors of the corporation or other competent party to operate the road while the trustees have the right of possession, if approved by the bondholders at a regular meeting, otherwise not exceeding 2 years and to pay them the net earnings; or may give them any other instruction that they deem advisable; and the trustees shall conform thereto, unless inconsistent with the terms of the trust.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5161. Railroad mortgages foreclosed

§5161. Railroad mortgages foreclosed
The trustees, on application of 1/3 of the bondholders in amount to have railroad mortgage foreclosed, shall immediately give notice thereof, by publishing it 3 weeks successively in the state paper and in some paper, if any, in each county into which the road extends, stating the date and conditions of the mortgage, the claims of the applicants under it, that the conditions of the mortgage have been broken and that for that reason they claim a foreclosure. They shall cause a copy of the notice and the name and date of each newspaper containing it to be recorded in the registry of deeds in every such county within 60 days from the first publication. Unless, within 3 years from the first publication, the mortgage is redeemed by the mortgagors or those claiming under them or equitable relief as in cases of the redemption of mortgage lands is sought, founded on payment or a legal tender of the amount of overdue bonds and coupons or containing an averment that the complainants are ready and willing to redeem on the rendering of an account, the right of redemption shall be forever foreclosed.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5162. Overdue bonds and coupons for record

§5162. Overdue bonds and coupons for record
Each holder of overdue bonds or coupons shall present them to the trustees at least 30 days before the right of redemption expires, to be recorded by them. That right is not lost by the nonpayment of any claims not so presented. The parties having the right to redeem shall have free access to the record of the claims.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5163. Secured creditors become corporation and trustees shall convey to it

§5163. Secured creditors become corporation and trustees shall convey to it
The foreclosure of the mortgage shall inure to the benefit of all the holders of bonds, coupons and other claims secured thereby. They, their successors and assigns are constituted a corporation as of the date of the foreclosure, for all the purposes and with all the rights and powers, duties and obligations of the original corporation by its charter. The trustees shall convey to that new corporation by deeds all the right, title and interest which they had by the mortgage and the foreclosure, and thereupon they shall be discharged. If they neglect or refuse so to convey, the court, on application for equitable relief, may compel them to do so.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5164. First meeting of new corporation; name; possession and use of mortgaged property

§5164. First meeting of new corporation; name; possession and use of mortgaged property
The new corporation may call its first meeting in the manner provided for calling the first meeting of the original corporation, and may use for that purpose the old name, or by a notice, signed by one or more of the bondholders, setting forth the time, place and purpose of the meeting, a copy of which is to be published in a newspaper in the county, if any, otherwise in the state paper, 7 days before the meeting. At that meeting, it may adopt a new name by which it shall be known. It may take and hold the possession and have the use of the mortgaged property, although an action for equitable relief to redeem is pending, and it may become a party defendant to the action. This section applies to all corporations mentioned in section 5185.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5165. Vote to redeem prior mortgage and assessments

§5165. Vote to redeem prior mortgage and assessments
If any part of the property or franchise is subject to a prior mortgage, the new corporation, at a legal meeting called for that purpose, may vote to redeem the property or franchise and make an assessment on all holders of stock, certificates for fractions of stock, bonds or coupons in the corporation in proportion to their amounts. The directors shall immediately assess the sum and fix a time and place for the payment of it to the treasurer, who shall publish notice accordingly 6 weeks successively in some newspaper, if any, in each of the counties where the road extends, the last publication to be at least 2 weeks before the time fixed for payment.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5166. Sale of stock for nonpayment; rights of delinquent stockholders

§5166. Sale of stock for nonpayment; rights of delinquent stockholders
If any person fails to pay his assessment within the time fixed, the treasurer shall sell enough of his stock at auction to pay the same, with 12% interest and the cost of advertising and selling, by first publishing notice of the sale 3 weeks successively in a newspaper printed in the county where the sale is to be, if any, and if not, in an adjoining county. Upon sale the president and treasurer shall issue a new certificate of stock to the purchaser and the delinquent stockholder shall surrender his certificate to be canceled and may have a new one for his unsold shares. If he held bonds, coupons or certificates for fractions of stock, he shall not be entitled to commute them or to receive any dividends on them until he has paid his assessment, with 12% interest.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5167. Application of funds

§5167. Application of funds
The directors shall apply the money realized from the assessments solely to the redemption of the prior mortgage until it is fully paid and then all the property, rights and interests secured by the mortgage vest in the new 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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5168. Redemption of prior mortgages by junior mortgages

§5168. Redemption of prior mortgages by junior mortgages
When a subsequent mortgage of a railroad, its franchise or any part of its other property contains no provision for a sale, or contains a conditional provision depending on the application of a majority in amount of the claims secured thereby and no such application has been made to the trustees, the holder of the mortgage may redeem a prior mortgage on the same property which is under process of foreclosure at any time before it becomes absolute and hold it in trust for those who contributed thereto in proportion to the amount paid by each.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5169. Meeting regarding redemption of prior mortgages; contribution

§5169. Meeting regarding redemption of prior mortgages; contribution
For such a purpose, the trustees of the subsequent mortgage, on application of one or more persons interested in the mortgage, made 6 months prior to the absolute foreclosure of the prior mortgage and on payment of reasonable expenses to be incurred thereby, shall call a meeting of all interested and publish a notice of the meeting, stating the time, place and purpose, 3 weeks successively in the state paper and such other papers as they think proper. If at that meeting, or one called by the trustees without application, the holders of a majority of the interests there represented vote to redeem the prior mortgage, each one may contribute his proportion to the redemption. The trustees shall give immediate notice of the vote by publishing it as above and shall in the notice state the time and place of payment and the amount to be paid on each $100 as nearly as may be. If anyone fails to pay his proportion, any other person interested in the subsequent mortgage may pay it and succeed to all his rights except as otherwise provided.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5170. Anyone interested in subsequent mortgage may redeem

§5170. Anyone interested in subsequent mortgage may redeem
If no meeting is called or it is voted not to redeem, one or more of the persons interested in the subsequent mortgage may pay to the trustees the amount required to redeem the prior mortgage, and the trustees shall redeem it accordingly and then hold it in trust for the person so paying.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5171. Delinquents pay proportion and rights restored; new corporation

§5171. Delinquents pay proportion and rights restored; new corporation
When a prior mortgage has been redeemed in either mode, and all persons interested in the subsequent mortgage have not paid their proportions, the trustees shall publish a notice 10 weeks successively in the state paper, the first publication not to be until the right of redeeming the prior mortgage would have expired, that delinquents may pay the same to them or their agents, with 12% interest, within one year from the first publication of the notice. Any person so paying has the same rights as if he had paid originally and those not paying are barred. Money so paid shall be divided ratably to those who advanced the redemption money and they may become a new corporation and new certificates of stock or fractions of stock may be issued in the manner and with the rights, powers and obligations provided.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5172. Redemption by stockholders of old corporation

§5172. Redemption by stockholders of old corporation
When a prior mortgage is redeemed, any number of the stockholders of the old corporation may redeem it within 2 years thereafter by paying to the trustees of the subsequent mortgage the amount paid, with 10% interest, and the amount secured by the subsequent mortgage due to those who had contributed to redeem the prior mortgage, after deducting the net earnings of the road or adding the net deficiencies, if operated by the trustees of the subsequent mortgage. The stockholders may demand of the trustees an accurate account of the receipts and expenditures and amount due on the mortgage and have the same remedies for a failure as in case of mortgages of real estate. After the redemption, the redeeming stockholders have all the rights of those from whom they redeemed.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5173. Noncontributors; notice; rights

§5173. Noncontributors; notice; rights
The stockholders, redeeming, shall give notice to the stockholders who have not contributed to the redemption and the latter shall have the same rights as provided in the case of bondholders.   [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 4: FORECLOSURE AND REDEMPTION OF MORTGAGES › 23 §5174. Extension of redemption time after foreclosure commenced

§5174. Extension of redemption time after foreclosure commenced
The persons interested in a prior mortgage on which a foreclosure is commenced, at a meeting called for the purpose, may extend the time of redemption. Thereupon the trustees of the mortgage, by a suitable writing, delivered to the party entitled to redeem, shall extend the time accordingly.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).