reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.44 - Police Powers Vested in Commission.

462.44 Police powers vested in commission.
Sec. 44.
The police powers of the state over railroads, street railways, interurban railways and suburban street railways, whether operated by steam, electricity or other motive power, organized or doing business in this state, shall be and the same are hereby vested in the railroad commission, and it is hereby made the duty of said railroad commission to exercise the same in accordance with the requirements of the law.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8152 ;-- CL 1929, 11060 ;-- CL 1948, 462.44
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.45 - Substantial Compliance.

462.45 Substantial compliance.
Sec. 45.
A substantial compliance with the requirements of this act shall be sufficient to give effect to all rules, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8153 ;-- CL 1929, 11061 ;-- CL 1948, 462.45
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.46 - Rights of Action; Penalties Cumulative.

462.46 Rights of action; penalties cumulative.
Sec. 46.
This act shall not have the effect to release or waive any right of action by the state or by any person for any right, damage, penalty or forfeiture which may have arisen or which may hereafter arise under any law of this state, and all penalties and forfeitures accruing under this act shall be cumulative, and a suit for and recovery of one shall not be a bar to the recovery of any other penalty or damage.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8154 ;-- CL 1929, 11062 ;-- CL 1948, 462.46
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.47 - Mandamus; Injunction; Civil Remedies.

462.47 Mandamus; injunction; civil remedies.
Sec. 47.
In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions hereof and of all orders of the commission, the commission, and likewise any person, firm or corporation interested, may compel compliance with the provisions of this act and with the orders of the commission by proceedings in mandamus, injunction or by other appropriate civil remedies.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8155 ;-- CL 1929, 11063 ;-- CL 1948, 462.47
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.48 - Record of Proceedings; Report to Governor, Contents, Publication.

462.48 Record of proceedings; report to governor, contents, publication.
Sec. 48.
The commission shall keep a record of all its findings, decisions, determinations and investigations under this act or under any other act prescribing its duties and powers, and shall, on January first of each year, render to the governor a full and complete report of all such findings, decisions, determinations and investigations, together with a statement of all moneys expended by it or on its order, and of all salaries paid by or to it. It shall include in such report such recommendations as it shall desire to make on the conduct of railroad business in the state of Michigan, and such portion or abridgment of the reports of the various railroad corporations made to it as it shall deem to be of interest to the general public. Not more than 1,500 copies of this report shall be published, except by special authority of the board of state auditors.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8156 ;-- CL 1929, 11064 ;-- CL 1948, 462.48
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.49 - Powers, Duties and Privileges Transferred to Commission; Saving Clause.

462.49 Powers, duties and privileges transferred to commission; saving clause.
Sec. 49.
All powers, duties and privileges imposed and conferred under existing laws upon the commissioner of railroads, the railroad and street crossing board, the crossing board as defined by section 6232 of the Compiled Laws of 1897, and the board of railway consolidations as defined by section 6255 of the Complied Laws of 1897, and upon the Michigan railroad commission under existing laws are hereby imposed and conferred upon the commission created under the provisions of this act; and wherever in said acts or either of them the commissioner of railroads, the railroad and street crossing board, the crossing board, and the board of railway consolidations, the Michigan railroad commission, or either of said officials or boards, are named, the same shall be construed to mean and apply to and name the Michigan railroad commission created by this act: Provided, That the powers and duties conferred upon the Michigan railroad commission by Act 312 of the Public Acts of 1907, shall continue to be exercised by that commission until the commission provided in section 1 of this act has qualified and organized: Provided further, That all hearings, investigations and complaints pending upon the organization of the commission provided for in section 1 of this act which shall have been begun by or before the commission organized under Act 312 of the Public Acts of 1907, may be continued and orders issued therein in all respects the same as if the complaints presented, investigations made and hearings held by the commission operating under Act 312 of 1907, had been presented to, made by and held by the commission created under section 1 of this act. All tariffs and schedules now on file with the Michigan railroad commission created by said Act 312 shall be of the same effect as if filed with the commission created by this act.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8157 ;-- CL 1929, 11065 ;-- CL 1948, 462.49
Compiler's Notes:
For provisions of sections 6232 and 6255, referred to in this section, see MCL 464.7 and 464.30, respectively. Act 312 of 1907, referred to in this section, was repealed by Act 300 of 1909.The powers and duties of the railroad commission, referred to in this section, were transferred to the public utilities commission by MCL 460.53. The public utilities commission was subsequently abolished and its powers and duties transferred to the public service commission by MCL 460.4.
Admin Rule:
R 460.1451 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 300 of 1909 - Railroads (462.2 - 462.50) › Section 462.50 - Legislation; Hearing on Changes; Recommendations.

462.50 Legislation; hearing on changes; recommendations.
Sec. 50.
The commission shall conduct a hearing and take testimony as to the advisability of any proposed change of law relative to any matter within its jurisdiction if requested to do so by the legislature, by the senate or house committee on railroads, or by the governor, and shall report its conclusions to the officer or body at whose request the hearing was held. The commission may also recommend the enactment of such legislation, with respect to any matter within its jurisdiction, as it deems wise or necessary in the public interest, and may draft or cause to be drafted such bills or acts as it may deem necessary or proper to enact into law the legislation recommended by it.
History:
1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8158 ;-- CL 1929, 11066 ;-- CL 1948, 462.50
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.101 - Short Title.

462.101 Short title.
Sec. 101.
This act shall be known and may be cited as the "railroad code of 1993".
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.103 - Meanings of Words and Phrases.

462.103 Meanings of words and phrases.
Sec. 103.
The words and phrases in sections 105 to 109 shall have the meanings respectively ascribed to them in those sections.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.105 - Definitions; a to G.

462.105 Definitions; A to G.
Sec. 105.
(1) "Active traffic control devices" means those traffic control devices located at or in advance of grade crossings, activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, manually operated devices, and a crossing watchperson, all of which display to operators of approaching vehicles positive warning of the approach or presence of a train.
(2) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code, 1998 PA 58, MCL 436.1105.
(3) "Bridge" means a structure including supports erected over a depression or an obstruction, such as water, a highway, or a railway, having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes where the clear distance between openings is less than half of the smaller contiguous opening.
(4) "Bridge carrying railroad traffic" means any bridge carrying a railroad track on which locomotives, railroad cars, or railroad maintenance machinery may be operated or moved. Bridge carrying railroad traffic includes unloading pits, turntables, and ferry aprons which meet the physical criteria for the definition of a bridge.
(5) "Department" means the Michigan department of transportation.
(6) "Diagnostic study team" means a group of knowledgeable individuals from the department, road authorities, railroads, and others who meet and, using crossing safety management principles, evaluate conditions at proposed or existing crossings and assist the department in making determinations concerning safety needs.
(7) "Flagger" means a person, other than a railroad employee, clearly visible to approaching traffic at all times, who controls highway traffic through work areas using a hand-held paddle sign during daylight hours and approved lights and reflectorized paddle signs at night.
(8) "Grade crossing" means the point at which any railroad intersects with any public street or highway, or a nonmotorized trail.
(9) "Grade separation" means an intersection of a railroad and a highway at different levels with either the railroad above or below the highway.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.107 - Definitions; H to P.

462.107 Definitions; H to P.
Sec. 107.
(1) "High speed rail corridor" means any railroad line having been formally designated by the United States department of transportation as a high speed rail corridor.
(2) "Nonmotorized trail" means a public or privately owned or operated traveled way, the use of which is restricted to pedestrians or nonmotorized conveyances including, but not limited to, bicycles and horses.
(3) "Notice" means the written expression of the department's findings that certain conditions observed at a crossing are not in compliance with state law, and that these conditions must be corrected.
(4) "Order" means an administrative document, signed by the department director or his or her designee, that details certain findings of fact and, based on those findings, specifies certain work to be performed by railroads or other parties in compliance with law and specifies a time period within which the work is to be completed. An order is based upon the department's statutory authority to require the performance of that work.
(5) "Passive traffic control devices" means those types of traffic control devices, including signs, markings, and other devices, located at or in advance of grade crossings to indicate the presence of a crossing but which do not change aspect upon the approach or presence of a train.
(6) "Private crossing" means any at-grade intersection of a railroad with any traveled way not under the jurisdiction of a road authority.
(7) "Public street or highway" means any improved thoroughfare maintained by a road authority that has been dedicated and constructed in accordance with law.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.109 - Definitions; R to W.

462.109 Definitions; R to W.
Sec. 109.
(1) "Railroad" means a person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating in this state either as a common carrier for hire or for private use as a carrier of persons or property upon cars operated upon stationary rails and includes any person, partnership, association, corporation, trustee, or receiver appointed by a court or any other legal entity owning railroad tracks.
(2) "Road authority" means a governmental agency having jurisdiction over public streets and highways. Road authority includes the department, any other state agency, and county, city, and village governmental agencies responsible for the construction, repair, and maintenance of streets and highways.
(3) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(4) "Street railway" means an organization formed under the laws of this state for the purpose of operating a street railway system other than a railroad train for transporting persons or property. A street railway system is operated upon rails principally within a municipality utilizing streetcars, trolleys, and trams for the transportation of persons or property. Such organizations may accumulate, store, manufacture, conduct, use, sell, furnish, and supply electricity and electric power. Street railway does not include a street railway organized under the nonprofit street railway act, 1867 PA 35, MCL 472.1 to 472.31.
(5) "Street railway system" means the facilities, equipment, and personnel required to provide and maintain a public transportation service. Street railway system does not include a street railway system under the nonprofit street railway act, 1867 PA 35, MCL 472.1 to 472.31.
(6) "Traffic control device" means a sign, signal, marking, or other device placed on or adjacent to a street or highway by the road authority having jurisdiction over that street or highway to regulate, warn, or guide traffic.
(7) "Watchperson" means a railroad employee who is stationed at an at-grade crossing to signal to operators of vehicles approaching the crossing of the impending movement of a train or other railroad on-track equipment over the crossing.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003 ;-- Am. 2008, Act 483, Imd. Eff. Jan. 12, 2009
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.131 - Regulatory and Police Power of Department; Rules.

462.131 Regulatory and police power of department; rules.
Sec. 131.
(1) To the extent provided in this act, the department shall have and exercise regulatory and police power over railroad companies in this state insofar as such power has not been preempted by federal law or regulation.
(2) The department may promulgate and enforce rules relating to sanitation and adequate shelter as affecting the welfare and health of railroad employees, to the extent such rules are not preempted by federal law or regulation. Rules promulgated under this act shall be promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.133 - Records to Be Kept by Department.

462.133 Records to be kept by department.
Sec. 133.
The department shall keep a record of all its findings, decisions, determinations, and investigations under this act.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.137 - Reports to Be Furnished to Department.

462.137 Reports to be furnished to department.
Sec. 137.
Railroads shall furnish to the department copies of Michigan train-vehicle accident reports filed with the federal railroad administration.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.155 - Rescission, Alteration, or Amendment of Order.

462.155 Rescission, alteration, or amendment of order.
Sec. 155.
The department, at any time upon application of a person and upon at least 10 days' notice to the parties interested, and after opportunity to be heard, may rescind, alter, or amend any order issued by the department. Certified copies shall be served and take effect as provided in this act for original orders.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.157 - Orders, Regulations, Practices, and Services; Effect.

462.157 Orders, regulations, practices, and services; effect.
Sec. 157.
All orders, lawfully promulgated regulations, practices, and services prescribed by the department shall be in force and shall be prima facie lawful and reasonable until finally found otherwise in an action brought for the purpose pursuant to the appeal provisions of this act, or until changed or modified by the department.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.159 - Rehearing.

462.159 Rehearing.
Sec. 159.
The department may grant a rehearing and alter, amend, or modify its previous findings and orders.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.161 - Review of Order; Time for Bringing Action.

462.161 Review of order; time for bringing action.
Sec. 161.
The time allowed by law for bringing an action to review any order of the department, shall continue after the order denying a rehearing or made upon a rehearing, for the same number of days now provided by law for review of the order upon which a rehearing was denied or had.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.173 - Service of Process; Practice and Rules of Evidence; Execution of Process; Certified Copies of Orders.

462.173 Service of process; practice and rules of evidence; execution of process; certified copies of orders.
Sec. 173.
(1) In all actions and proceedings in court arising under this act process shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise provided in this act. A sheriff or other officer empowered to execute civil process may execute any process issued under this act and shall receive compensation for that purpose as may be prescribed by law for similar services.
(2) Upon application of any person the department shall furnish certified copies, signed and under seal of the department, of any order made by it, and, if otherwise admissible, may be admitted as evidence in any court or proceedings without further authentication.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.175 - Authority of Department to Obtain Information.

462.175 Authority of department to obtain information.
Sec. 175.
The department may obtain from any party all necessary information to enable it to perform the duties and carry out the requirements set forth in this act.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.203 - Stock Certificate; Signature; Seal.

462.203 Stock certificate; signature; seal.
Sec. 203.
The stock of every corporation, incorporated under this act, shall be represented by certificates signed by the president or vice-president, and the secretary or an assistant secretary, or the treasurer or an assistant treasurer. The certificate shall be sealed with the seal of the corporation. When a certificate is signed by a transfer agent or a transfer clerk and by a registrar, the signature of the corporate officers and the seal thereon may be facsimiles, written, engraved, stamped, lithographed, or printed. If an officer who has signed or whose facsimile signature has been placed upon a certificate has ceased to be an officer before the certificate is issued, it may be issued by the company with the same effect as if the officer had not ceased to be an officer at the date of its issue.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.205 - Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.

462.205 Applicability of MCL 450.1101 to 450.2098 to railroad corporations.
Sec. 205.
The business corporation act, Act No. 284 of the Public Acts of 1972, being sections 450.1101 to 450.2098 of the Michigan Compiled Laws, shall apply to railroad corporations incorporated under this act or a former act repealed by this act, unless otherwise provided in or inconsistent with this act or the former act under which the corporation was formed.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.207 - Records of Corporations Formed Under Former Acts; Duration, Rights, and Limitations of Existing Corporations.

462.207 Records of corporations formed under former acts; duration, rights, and limitations of existing corporations.
Sec. 207.
(1) Within 30 days after the effective date of this act, the department, the secretary of state, or any other agency having records of corporations formed under former acts repealed by this act shall certify and send to the department of commerce for filing the articles of association, as amended or restated, and any consolidations or mergers of each existing railroad, bridge, and tunnel company and union depot company which is on file in their respective offices on the effective date of this act. On and after the effective date of this act, all amendments to and restatements of the articles, and any merger or dissolution of a railroad, bridge, or tunnel company and union depot company shall be filed with the department of commerce and shall comply with the requirements of this act.
(2) This act does not affect the duration of a corporation which exists on the effective date of this act. An existing corporation and its shareholders, directors, and officers have the same rights and are subject to the same limitations, restrictions, liabilities, and penalties as a corporation formed under this act, and its shareholders, directors, and officers.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.211 - Board of Directors; Corporate Powers; Stockholders Entitled to Vote for Directors; Election of President; Powers of Board of Directors Generally; Voting by Stockholders; Quorum; Vacancy.

462.211 Board of directors; corporate powers; stockholders entitled to vote for directors; election of president; powers of board of directors generally; voting by stockholders; quorum; vacancy.
Sec. 211.
(1) All of the corporate powers of any corporation organized under this act, or under any former act for the incorporation of railroads, are vested in the board of directors, except as otherwise provided in this act. A stockholder shall not be entitled to vote for directors, or for any other purpose, who shall be in arrears in the payment of any assessment made on a subscription of stock. The president of the corporation shall be elected by the directors from their own number.
(2) The board of directors, upon such terms and restrictions as they shall impose, may provide for the disposition of the unissued capital stock of the corporation, and may provide for and carry out a plan for the issue of any or all of its unissued stock to employees of the corporation, or to employees of subsidiary corporations or a trustee on their behalf who may desire to subscribe therefor, for the payment for such stock in installments or at 1 time, and for the establishment of a special fund or funds in which employees purchasing stock pursuant to such plan and continuing in the ownership thereof and in the employment of the corporation during a definite period of time may be privileged to share, may provide for the election or appointment of agents or employees of the corporation and require of them security for the faithful performance of their duties, and for the general management of the business and affairs of the corporation.
(3) At all elections for directors and meetings of stockholders, each stockholder holding stock with voting power shall be entitled to cast, in person or by proxy, 1 vote upon each share of stock held, except as may be otherwise provided by the articles of association or consolidation, and votes representing a majority of the voting power of all of the shares voted shall be requisite to an election, or for the determination of any question voted upon, except as may be otherwise provided by law as to any particular question. If the board of directors has specified a time not more than 40 days before an election or meeting as the time as of which stockholders entitled to vote shall be determined, shareholders of record at that time and no others shall be entitled to vote at that election or meeting.
(4) A majority of the directors shall constitute a quorum for the transaction of business by the board of directors. In case of any vacancy in the board of directors, the vacancy may be filled by appointment by the remaining directors until the next election of directors.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.213 - Articles of Association; Alteration and Amendment; Signature; Certification; Filing; Effect; Recording; Powers of Railroad Company; Copies as Prima Facie Evidence; Public Inspection of Records and Files.

462.213 Articles of association; alteration and amendment; signature; certification; filing; effect; recording; powers of railroad company; copies as prima facie evidence; public inspection of records and files.
Sec. 213.
(1) A corporation organized under this act, or under any former act for the incorporation of railroads, upon a vote of its stockholders holding shares representing 2/3 of the voting power of the outstanding capital stock entitled to vote on the question, at any annual or special meeting of the stockholders, may alter and amend its articles of association or consolidation to accomplish 1 or more of the following:
(a) Change the general route of said railway.
(b) Extend the length of the railroad line from either or both of its terminals or to extend any branch or branches from any point on the railroad line.
(c) Change the gauge of its road.
(d) Make any of the following changes in respect to its capital stock, issued or unissued:
(i) Increase or decrease the capital stock.
(ii) Make other lawful changes in the amount, classes, and value of shares issued or to be issued.
(2) Upon approval of an amendment as provided in subsection (1), the amended articles shall be signed and certified by the president and secretary of the railroad company under its corporate seal and filed with the department of commerce. The amended articles shall have the same force and effect as though the amendments had been included in the original articles of association.
(3) Articles of association filed pursuant to this act, with all subsequent alterations and amendments, shall be recorded by the department of commerce. After a railroad company has filed articles of association provided in this section, it may construct, operate, and maintain its railroad, exercise its powers and privileges, and assess, levy, and collect such assessments upon its subscribed stock as it determines. A copy of any articles of association, with a copy of the affidavit attached, filed in pursuance of this act, and certified by the department of commerce under the seal of the state shall in all courts and places be prima facie evidence of the document certified.
(4) The records and files of the department of commerce relating to corporations formed under this act and records relating to corporations formed under former acts repealed by this act and transferred to the department of commerce pursuant to this act shall be open to reasonable inspection by the public. The records or files may be maintained either in their original form or in a photostatic, micrographic, photographic, optical disk media, or other reproduced form.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.217 - Annual Meeting; Statement of Affairs.

462.217 Annual meeting; statement of affairs.
Sec. 217.
At each annual meeting of stockholders the board of directors shall present a clear and full statement of the affairs of the railroad company for the preceding year.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.219 - Subscribers to Capital Stock; Payment in Installments; Forfeiture of Stock for Neglect or Refusal to Pay.

462.219 Subscribers to capital stock; payment in installments; forfeiture of stock for neglect or refusal to pay.
Sec. 219.
The board of directors may, by resolution, require the subscribers to the capital stock to pay the amounts by them respectively subscribed in a manner and in installments as the board considers proper. If a subscriber neglects or refuses to pay an installment, the company may sue for and collect the installment. If the neglect or refusal continues for 60 days after notice in writing to pay has been served on the subscriber personally or by mail, or if execution issued on a judgment recovered for an installment is returned unsatisfied, in whole or in part, the board of directors may declare such stock, and all previous payments or collections made thereon, forfeited. Forfeited stock shall be subject to sale by the company in the manner provided in the by-laws or resolutions of the directors.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.221 - Stock as Personal Estate; Transfer.

462.221 Stock as personal estate; transfer.
Sec. 221.
The stock of a railroad company is considered personal estate and is transferable in the manner and under such restrictions and conditions as may be provided for in the by-laws, but any certificate of stock issued before payment in full, shall show on its face, or by indorsement, the amount paid thereon. A share of stock shall not be transferred on the books of the company until paid in full, without the consent of the board of directors.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.225 - Ownership and Operation of Steamboats, Barges, or Vessels; Conditions.

462.225 Ownership and operation of steamboats, barges, or vessels; conditions.
Sec. 225.
A railroad company in this state having either or both of its terminals at the shore of 1 of the navigable lakes or streams through which the boundary line between this state and other states or the Dominion of Canada passes, where physical connection between its road and other railroads without the state is impracticable by reason of that intervening navigable body of water, may own and operate on that body of water steamboats, barges, or vessels as the traffic of passengers and freight between it and other railroads shall be necessary. A railroad company may loan money to any person or corporation in aid of the construction of steamboats, barges, or other vessels.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.227 - Ownership and Operation of Steamboats, Barges, or Vessels; Number; Restrictions.

462.227 Ownership and operation of steamboats, barges, or vessels; number; restrictions.
Sec. 227.
(1) Any street railway, or any railroad company, organized under the laws of this state, may own and operate, in connection with its railway lines, such number of steamboats, barges, or vessels, within or without this state, as its traffic of passengers or freight shall render necessary to make complete its different routes.
(2) A railroad company shall operate such steamboats, barges, or vessels subject to such restrictions as are now imposed on other corporations and private individuals owning and operating steamboats, barges, and vessels.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.229 - Automobile Buses or Motor Vehicles and Trailers; Ownership and Operation; Purpose; Aerial Transportation; Powers of Railroad Company.

462.229 Automobile buses or motor vehicles and trailers; ownership and operation; purpose; aerial transportation; powers of railroad company.
Sec. 229.
(1) Any railroad company operating a railroad in this state may own and operate automobile buses or motor vehicles and trailers for the purpose of transporting persons and property upon the public streets or highways for hire, subject to the provisions of law regulating such transportation upon the public highways; but only after having obtained the appropriate certificate of public convenience and necessity. A railroad company may also own and operate equipment for, and engage in, aerial transportation.
(2) A railroad company may purchase and own capital stock and securities of corporations organized for, or engaged in, the business authorized in this act, may operate the properties or any part or parts of such corporations by way of lease or any other agreement, and may enter into working arrangements and agreements with such corporations.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.231 - Railroad Company; Organizing and Holding Interest in Subsidiary Corporation; Disposition of Capital Stock of Other Corporations; Rights, Powers, and Privileges of Ownership.

462.231 Railroad company; organizing and holding interest in subsidiary corporation; disposition of capital stock of other corporations; rights, powers, and privileges of ownership.
Sec. 231.
A railroad company, where not prohibited by its articles of association or consolidation, may make use of such part of its property and assets as is not required in the performance of adequate service as a common carrier to the public to organize and hold an interest in subsidiary corporations engaged in noncommon carrier activities and business, and may hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of the shares of the capital stock of any other corporation or corporations of this or any other state, territory, or country, and while owners of such stock may exercise all rights, powers, and privileges of ownership, including the right to vote thereon.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.233 - Cutting Dangerous Trees.

462.233 Cutting dangerous trees.
Sec. 233.
A railroad company owning, controlling, or operating any line or lines of railroad in this state shall cut any tree or trees that are dangerous and liable to fall or blow over and obstruct its track.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.235 - Land Held by Foreign Company; Transfer of Title.

462.235 Land held by foreign company; transfer of title.
Sec. 235.
(1) A foreign railway company that has purchased land in this state to be used to facilitate and accommodate its business of receiving and delivering passengers and freight that it may transport from and to this state may hold and own that land and all buildings and other structures that it may place on that land, in like manner and effect as if the company were duly incorporated under the laws of this state. However, the company shall hold and use the land subject to all the limitations, obligations, and duties to the public and to individuals which are or hereafter may be imposed upon railway companies by the laws of this state.
(2) If a foreign railway company that has purchased land for the use specified in subsection (1) has subsequently become merged or vested in any other foreign railway company by virtue of a sale and conveyance made in pursuance of judicial decree or its railroad and other property situated in that foreign state or country has become vested in another foreign company by virtue of a formal written agreement made and executed in pursuance of the law of that foreign state or country, the deed of conveyance and agreement is effective to transfer title to the land in this state. When the transfer has been or is effected by written agreement, a copy certified as a correct and perfect copy by the secretary of the company acquiring the land, under the seal of the company, shall be entitled to record in the country where the land is situated, notwithstanding that the execution of the agreement may not have been in conformity with the general statutory requirement for conveyance of land in this state.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.241 - Acquisition of Property in Manner Prescribed by MCL 213.51 to 213.77; Exception.

462.241 Acquisition of property in manner prescribed by MCL 213.51 to 213.77; exception.
Sec. 241.
If a railroad, bridge, or tunnel company, including a non-Michigan railroad company authorized to own and operate a railroad in this state, is unable to agree for the purchase of any real or personal property or franchises required for the purpose of its incorporation, including, but not limited to, yards, terminals, depots, and freight service facilities, it may acquire title to the property in the manner and by the proceedings prescribed in the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws. However, a railroad, bridge, or tunnel company shall not, except for crossing, take the track or right-of-way of any other railroad company.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.243 - Purchase of Land Belonging to State, City, Village, County, or Township.

462.243 Purchase of land belonging to state, city, village, county, or township.
Sec. 243.
If a railroad company desires to purchase land belonging to the state or a city, village, county, or township, the state through the appropriate department, or the city, village, county, or township officers respectively, having charge of the lands, may grant such lands to the company for compensation which shall be agreed upon between them. If compensation cannot be agreed upon, then such lands shall be appraised as in other cases. All petitions or notices, in cases when the state is the owner, shall be served on the director of the appropriate state department; where a city or village is the owner, on the mayor or other chief executive officer; when a county is the owner, on the prosecuting attorney of the county; and when the township is the owner, on the supervisor of the township.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.245 - Construction of Bridges or Tunnels; Acquisition of Right-of-Way; Issuance and Sale of Bonds; Rights of Railroad Bridge and Railroad Tunnel Companies.

462.245 Construction of bridges or tunnels; acquisition of right-of-way; issuance and sale of bonds; rights of railroad bridge and railroad tunnel companies.
Sec. 245.
(1) A railroad bridge or tunnel company organized under this act may construct bridges over or tunnels under the waters of this state to extend the railroad track or tracks which they may lay upon any bridge or through any tunnel which they may construct, so as to connect with any railroad whose business may pass through it, and for that purpose may acquire the right-of-way over or under or across any private property, in the same manner as provided in this act for acquiring the right-of-way for railroads, and, with the authority of the legislative body of any city, may acquire the right to cross and use that portion of any street as may be found necessary.
(2) To raise money for these purposes, a railroad company may issue and sell bonds, and secure their payment by deeds of trust; and for these purposes the railroad bridge companies and railroad tunnel companies shall have the same rights as railroad companies organized under this act.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.247 - Negotiation by Railroad Bridge or Tunnel Company With Railroad Company; Purpose.

462.247 Negotiation by railroad bridge or tunnel company with railroad company; purpose.
Sec. 247.
A railroad bridge or tunnel company may negotiate with any railroad company which may connect with its bridge or tunnel for the purpose of obtaining aid in the construction of its work.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.249 - Use of Road and Bridge or Tunnel; Compensation Charged by Railroad Bridge or Tunnel Company; Terms.

462.249 Use of road and bridge or tunnel; compensation charged by railroad bridge or tunnel company; terms.
Sec. 249.
(1) A railroad bridge or tunnel company may charge such fair compensation for the use of its road and bridge or tunnel by the railroad companies whose business shall pass along, over or through it, as shall be found by experience sufficient to pay the expense of keeping the works in repair and interest upon the money borrowed for the construction, and dividends not exceeding 10% upon their capital stock, and such additional sum as may furnish a sinking fund each year, not to exceed 5% of the amount of its bonded debt, for the purpose of gradually extinguishing that bonded debt.
(2) A railroad company whose tracks may connect with such tunnels or bridges may send their business through or over them, respectively, upon such terms as shall be just and fair, and the charges for the passage of freight and passengers from all railroads shall be the same.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.250 - Acquisition of Right-of-Way by Railroad Company; Amount Offered for Damages; Eligibility of Owners to Recover or Collect Costs.

462.250 Acquisition of right-of-way by railroad company; amount offered for damages; eligibility of owners to recover or collect costs.
Sec. 250.
If a railroad company desires to acquire the right-of-way through any lands or premises, the company before or after proceedings are commenced for that purpose, may offer to the owner or owners of the lands or premises, any sum of money the company determines to be sufficient for the damages for the right-of-way, together with the costs to the time of making the offer. If it appears that the amount offered was sufficient to pay the damages, plus 25%, and the costs of the proceedings up to the time of the offer, the owner or owners of the lands or premises shall not be entitled to recover or collect any costs incurred subsequent to the time of the offer, but shall be liable to the railroad company for the costs incurred by it subsequent to the offer.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.251 - Removal of Person From Train by Conductor or Employee.

462.251 Removal of person from train by conductor or employee.
Sec. 251.
If a person refuses to pay his or her fare, or refuses to obey the regulations established for the convenience and safety of passengers, the conductor of the train or an employee of the railroad company may remove the person from the train at any usual stopping place.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.253 - Person Using Abusive, Profane, or Indecent Language or Exhibiting Violent Conduct; Powers of Conductor.

462.253 Person using abusive, profane, or indecent language or exhibiting violent conduct; powers of conductor.
Sec. 253.
A person who uses abusive, profane, or indecent language or exhibits violent conduct may be taken into custody by the conductor of the train and removed to a safe and secure place on the train until its arrival at some usual stopping place, where he or she may be put off the train and put into the custody of some proper officer for prosecution if necessary. For this purpose railroad conductors, while in charge of trains, are hereby invested with the powers of sheriffs and peace officers.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994