reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3456. Jurisdiction

§ 3456. Jurisdiction
Without affecting special provisions of law relating to matters contained in this section, the Board shall have jurisdiction on due notice to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter of any railroad, or in the statutes of this State relating to railroads, and shall have like jurisdiction in all matters respecting:
(1) the crossing of one railroad by another;
(2) highway grade crossings and signs, signals, gates, or flaggers at the same;
(3) the construction and maintenance of proper fences, cattle guards, and farm crossings;
(4) to the extent not preempted by federal law, and in order to accommodate the public and ensure safety and compliance with the law:
(A) the maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges, and other structures over openings; and
(B) rolling stock and equipment;
(5) the connections, time, and times of connection between connecting roads for the accommodation of the traveling public and the transportation of merchandise;
(6) the manner of operating railroads and conducting the business thereof so as to be reasonable and expedient and to promote the security, convenience, and accommodation of the public and to prevent violations of law and unjust discriminations, usurpations, or extortions; and
(7) any impediment alongside or adjacent to the rights-of-way of railroads, including damaged structures, that imperils the safe passage of trains. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 2; 1993, No. 172 (Adj. Sess.), § 43; 2017, No. 132 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3457. Commencement of proceedings; expedited proceedings

§ 3457. Commencement of proceedings; expedited proceedings
(a) Proceedings under section 3456 of this title may be commenced by motion of the Board by petition of the Agency, the Attorney General, the State’s Attorney of the county, the legislative body of a municipality, 10 or more freeholders of the State, any railroad doing business in the State, or in such way as the law may otherwise specifically provide.
(b) Proceedings involving damaged structures or other impediments alongside or adjacent to the rights-of-way of railroads that imminently imperil the safety of the passage of trains shall be commenced immediately upon notice of the peril to the Board or the Agency. Upon notice, the Board or the Agency shall immediately investigate and, if it is determined that such danger does exist and cannot be timely removed through informal negotiation, order the owner of the structure or other impediment to immediately take all action necessary to abate the danger. If the owner fails to do so, or is unavailable, the Board or the Agency may, without incurring any civil liability, take all steps necessary to abate the danger, including removal of the damaged structure or other impediment, and all incurred expenses shall constitute a debt due the State upon the rendering of an account for all incurred expenses to the owner and shall be recoverable from the owner in an action. Expenses incurred by the Board or the Agency may be drawn from the Transportation Fund, and any amounts recovered shall be credited to the Transportation Fund. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 1; 1993, No. 172 (Adj. Sess.), § 44; 2021, No. 105 (Adj. Sess.), § 25, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3458. Planning

§ 3458. Planning
(a) The Agency shall be the authorized Agency of the State for participation in and the receipt of grants and assistance through federal rail assistance legislation and may receive such grants notwithstanding the provisions of 32 V.S.A. § 5.
(b) The Agency shall establish a State plan for rail transportation and local rail services that shall provide for the equitable distribution of funds received, including federal grants or loans, among State, local, and regional transportation authorities.
(c) The Agency shall administer any plan developed pursuant to subsection (b) of this section and shall have authority and administrative jurisdiction to develop, promote, supervise, and support adequate, safe, and efficient rail services. (Added 1973, No. 182 (Adj. Sess.), § 2, eff. March 29, 1974; amended 1993, No. 172 (Adj. Sess.), § 45.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 64 - Incorporation Under General Law › § 3478. Organization of railroad corporations; continuation of existing corporations

§ 3478. Organization of railroad corporations; continuation of existing corporations
(a) Notwithstanding 11A V.S.A. § 3.01(b)(4), a corporation for the purpose of owning or operating a railroad may be organized under the general laws of this State in the same manner as other corporations.
(b) Any domestic railroad corporation in existence before July 1, 1994 shall continue in existence and shall not be required to file new or amended articles of incorporation or to obtain a new or amended charter to continue its corporate existence.
(c) Any foreign railroad corporation authorized to do business in this State before July 1, 1994 shall continue to be authorized to do business in this State and shall not be required to obtain a new or amended certificate of authority.
(d) A domestic railroad corporation formed by voluntary association and a domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations.
(e) A domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was not reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations or with a provision of the corporation’s charter. (Added 1993, No. 172 (Adj. Sess.), § 46; amended 2017, No. 113 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 66 - Consolidation and Merger › § 3498. Liability to taxation

§ 3498. Liability to taxation
Any railroad property that shall be sold to, merged into, or consolidated with the railroad property of another railroad company shall remain subject to the appraisal then made and in force for purposes of taxation under the new ownership, until a new appraisal shall be made in the usual course of business by the Commissioner of Taxes, and the resulting or successor corporation shall be liable for all taxes thereon.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3518. Preliminary survey

§ 3518. Preliminary survey
A railroad corporation may cause such examinations and surveys for a proposed railroad to be made as are necessary for the selection of the most advantageous route and, for such purpose, by its officers, agents, and employees, may enter upon lands or waters of a person, subject to liability for actual damages. Entry for other purposes shall not be made without the consent of the owner, until the damages are agreed upon by the parties, or ascertained and paid to the owner, or deposited as hereinafter provided.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3519. Location of road to be recorded

§ 3519. Location of road to be recorded
Before a railroad corporation commences proceedings for the purpose of acquiring title to real estate or an interest in real estate, and, within two years after its incorporation, it shall cause a map or plan of the location of its road defining the courses, distances, and boundaries of the same in each town through which it passes, signed by a majority of the directors, to be recorded in the respective clerk’s offices of the towns. If the road passes through an unorganized town or gore, the location shall be recorded in the offices in which conveyances of real estate situated in that unorganized town or gore are required by law to be recorded. (Amended 2021, No. 105 (Adj. Sess.), § 26, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3520. Right to take land and water

§ 3520. Right to take land and water
A railroad corporation may lay out its road, not exceeding five rods wide, and may purchase or otherwise take lands or materials necessary for making or securing its railroad, and such water and in such quantity as is required for the uses of the road, with the right of entering upon the land and constructing and keeping in repair necessary aqueducts.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3522. Land without road limits

§ 3522. Land without road limits
Land without the limits of its road shall not be taken by a railroad corporation for the requisite and convenient accommodation of its road without the permission of the owner unless the commissioners appointed as prescribed in section 3523 of this title, on application of the corporation and after 12 days’ notice to the owner, first prescribe the limits within which such lands shall be taken.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3523. Appraisal of damages; appointment of commissioners

§ 3523. Appraisal of damages; appointment of commissioners
When a railroad corporation has not acquired, by gift or purchase, land, real estate, or property, taken or required for the construction, maintenance, and convenient accommodation of its road, and if the parties do not agree as to the price of the land and other property, any two Justices of the Supreme Court, upon application for that purpose by the corporation, shall appoint three disinterested commissioners, one of whom shall be an inhabitant of the town and all shall be inhabitants of the county in which the land or other property to be appraised is situated, to determine the damages that the owners of the land or property have sustained by the occupation of the railroad corporation for the construction, maintenance, and convenient accommodation of its road. (Amended 2021, No. 105 (Adj. Sess.), § 27, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3524. Notice of time and place of appraisal

§ 3524. Notice of time and place of appraisal
The commissioners shall give 12 days’ notice to the occupants or owners of the land of the time and place when and where they will attend to the appraisal, but notice shall not be required to be given of the appraisal of unoccupied lands unless the owner resides in the State or has some known agent or attorney residing in the State. If the owner does not reside in the State, and has a known agent or attorney residing in the State, the same notice shall be given to the agent or attorney as is directed to be given to the owner or occupant. (Amended 2021, No. 105 (Adj. Sess.), § 28, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3525. Description of land and property

§ 3525. Description of land and property
At least 10 days before an appraisal is made by the commissioners, the corporation shall deliver to the owner, or deposit in the clerk’s office in the town in which the same lies, a plan or description in writing of the land or property so taken.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3527. Notice and statement of appraisal; record

§ 3527. Notice and statement of appraisal; record
When an appraisal is made, the commissioners, within 20 days, shall notify the owner, if known, of the amount thereof, and deliver to the corporation a written statement of the same, with a description of the land or other property so appraised. Within 30 days thereafter, the corporation shall cause the same to be recorded in the clerk’s office of the town where the land or other estate lies.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3528. Payment or deposit of damages conveys property

§ 3528. Payment or deposit of damages conveys property
Upon the payment of the damages, as determined by the commissioners, and including accrued costs and charges, by the corporation or upon the deposit of the same by the corporation in the bank or with the clerk of the Supreme Court, as the commissioners direct, to the credit of the person to whom the damages have been awarded, such bank or clerk giving notice personally or by mail to such persons that such deposit has been made, the corporation shall be deemed to be seized and possessed of the land or other property appraised by the commissioners. (Amended 2023, No. 6, § 26, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3529. When owner is an infant or has an intellectual or psychiatric disability

§ 3529. When owner is an infant or has an intellectual or psychiatric disability
When the owner of the land or estate is an infant, or lacks capacity to protect his or her interests due to an intellectual or psychiatric disability, or does not reside in this State, or is not known, the corporation shall cause the damages sustained by the owner to be determined in the manner described in this subchapter and shall pay the same to the lawful owner when demanded, with interest thereon. Such damages and interest shall be a specific lien upon the real estate of such corporation and be preferred before any other demand against such corporation. (Amended 2013, No. 96 (Adj. Sess.), § 14; 2017, No. 113 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3530. Appeal to Superior Court

§ 3530. Appeal to Superior Court
When the corporation or the owner of land or property is dissatisfied with the decision of the commissioners, within 90 days after the date of the award either party may appeal to the Superior Court. Such court shall thereupon appoint three commissioners, one of whom shall be an inhabitant of the county in which such land or property is situated. The decision of the court shall be final upon the report of the commissioners, and costs, in the discretion of the court, may be allowed to either party. An appeal shall not be taken by the corporation after deposit of the amount of the award, nor shall an appeal be taken by the landholder or owner after acceptance thereof. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3531. Proceedings in Superior Court respecting damages

§ 3531. Proceedings in Superior Court respecting damages
When a railroad corporation requires for roadway or building materials land, the owner of which is unknown, or where there are conflicting claims to the title, or where such land is encumbered by mortgages, attachments, or the levy of execution, or otherwise, after having the damages appraised by the commissioners, such corporation may apply by petition to a Superior judge who, in his or her discretion, may order the damages awarded by the commissioners to be deposited with the Clerk of the Court, or in a bank in the county where the land lies, subject to the order of such person as the Superior judge decides is entitled to the same, or subject to the future order of the Superior judge.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3532. Notice required before final decree

§ 3532. Notice required before final decree
A final decree shall not be made in such case until reasonable notice of the filing of the petition has been given to persons interested, when they are known and reside in the State. When the owners are unknown or reside outside the State, such notice shall be given as the Superior judge may order.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3533. Deposit of damages; sum invested

§ 3533. Deposit of damages; sum invested
On the deposit of the damages under the order of a Superior judge, the title to the land shall vest in the corporation, subject to the right of appeal as in other cases. If the sum so deposited remains for six months undemanded, a Superior judge may order the same invested for the benefit of those interested.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3534. Obstruction to private way

§ 3534. Obstruction to private way
If a railroad corporation obstructs the travel or means of access to a manufactory, mill, place of business, or dwelling house in laying out, building, grading, or making its road, it shall be liable to pay to the person thereby injured such reasonable compensation as the commissioners for determining railroad damages deem proper. The person so claiming to be damaged may apply in writing to the commissioners, setting forth such damage. Such application, with a notice from the commissioners to the corporation of the time and place of hearing, shall be served on the corporation according to law.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3535. Right of action on nonpayment of damages

§ 3535. Right of action on nonpayment of damages
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3536. Security from contractors; liability for wages

§ 3536. Security from contractors; liability for wages
A railroad corporation shall require sufficient security from the contractors for the payment of labor performed in constructing the road by persons in their employ. Such corporation shall be liable to the day laborers employed by the contractors for labor actually performed on its road, if the person having such claim, within 40 days after the performance of the labor, shall notify in writing the engineer in charge of the section on which the labor was performed that he or she has not been paid by the contractors.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3537. Changes in location

§ 3537. Changes in location
After taking land for a portion of its road, a railroad corporation may vary the direction of the road in the place where such land lies, provided it does not thereby locate its road, or a part thereof, outside the limits prescribed by its act of incorporation. Before the time required by law for completing the road, such corporation shall file the location of the different parts of the road, when such variations are made, with the clerks of the respective towns where such parts are situated, who shall record the same.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3538. When other land of same owner is taken, first land to revert

§ 3538. When other land of same owner is taken, first land to revert
When a railroad corporation has paid or becomes liable to pay land damages for the location of its road, and afterwards changes such location and occupies other lands of the same landowner to whom damages have been paid or awarded, the land first located upon, on the completion of the subsequent location, shall revert to the landowner. On the subsequent location, the commissioners shall award such damages as under the circumstances are just.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3539. Difference in value; adjustment

§ 3539. Difference in value; adjustment
When the damages awarded on the second location are less than those awarded on the first, the corporation may recover the difference, if paid, from the landowner. If the damages so awarded have not been paid, the corporation may retain the difference and shall not be liable to pay the same. When the damages on the first location have been assessed by the commissioners and an appeal is pending, the corporation shall pay the costs accrued in the appeal, and cause its new location to be recorded, before it takes the benefit of this section. (Amended 2021, No. 105 (Adj. Sess.), § 30, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3540. Change after damages are paid

§ 3540. Change after damages are paid
When the location of a railroad is changed after the payment of damages to a landowner, and a portion of the lands of such owner is not taken for the new location, the lands taken for the first location shall revert to the owner. The railroad corporation may recover from the landowner the amount paid as damages less the damages that accrued to the owner in consequence of locating the railroad across the owner’s lands, which shall be ascertained by the Transportation Board. The landowner, if the landowner chooses, may convey to the corporation the located upon land and retain the awarded sum. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 31, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3541. Change before damages are paid

§ 3541. Change before damages are paid
When the location of the road has been changed as mentioned in section 3540 of this title, and the damages have been awarded and not paid, the land first located upon shall revert to the owner thereof. The corporation shall not be required to pay the sum so awarded but shall pay to the owner the damages that have accrued to him or her by reason of such location, to be determined by the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3542. Right to alter highway

§ 3542. Right to alter highway
When it is necessary for a railroad corporation to lay out its road upon or by the side of a highway, or upon a bridge owned by a town or the Agency of Transportation, the railroad corporation shall give notice thereof to a member of the selectboard of the town (where the proposed alteration involves a town highway) or the Secretary of Transportation (where the proposed alteration involves a State highway). When the railroad corporation cannot agree with the selectboard members or with the Agency of Transportation on a road to be worked or a bridge to be built by the railroad corporation, in place of such road or bridge, or on the amount of damages, the Transportation Board shall direct it to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties require. Upon the construction of such road or bridge, the road or bridge so located upon shall vest in the railroad corporation. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 47.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3543. Appeal

§ 3543. Appeal
A railroad corporation, a town, the Agency of Transportation, or an individual owning land adjacent to a road or bridge so entered upon, crossed, or altered shall have the same right of appeal from the decision of the selectboard or the Transportation Board as is provided in this chapter from the appraisal of land damages by commissioners. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 48; 2023, No. 6, § 27, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3544. Alteration of course of highway at crossing

§ 3544. Alteration of course of highway at crossing
A railroad corporation may alter the course of a highway where it is crossed by its railroad, for the purpose of facilitating the crossing of the same, if it can agree with the selectboard of the town (in the case of a town highway) or the Agency of Transportation (in the case of a State highway) as to such alteration or the manner of crossing. When they cannot agree, the Transportation Board shall determine the same. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 49.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3545. Alterations to be recorded

§ 3545. Alterations to be recorded
Alterations made in a highway as provided in this chapter, if made by the Transportation Board, shall be signed by it. If such alterations are agreed upon by the parties, the agreement shall be signed by the selectboard of the town (where the alteration involves a town highway) or Secretary of Transportation (where the alteration involves a State highway) and duly recorded in the town clerk’s office. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3546. Additional lands

§ 3546. Additional lands
A railroad corporation may take additional lands for the purposes mentioned in sections 3543–3545 of this title as the Transportation Board judges necessary. Unless the taken lands are purchased or given, compensation for the lands shall be determined by the Transportation Board, as in other cases, and made by the railroad corporation to the owners and persons interested in the lands. When compensation is made, the same shall become part of the highway, and may be held for highway purposes, and the landowners and railroad corporation shall have the same right of appeal as in other cases of land damages. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 51; 2021, No. 105 (Adj. Sess.), § 32, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3566. Highway crossing railroad

§ 3566. Highway crossing railroad
When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under, or cross the railroad and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 32, eff. April 25, 1995.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3567. Application to Transportation Board

§ 3567. Application to Transportation Board
The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying the highway for beginning work thereon. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 33, eff. April 25, 1995.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3568. Railroad crossing highway

§ 3568. Railroad crossing highway
A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad may raise or lower the highway for the purpose of having its railroad pass over or under it. However, the railroad shall restore the highway as far as practicable and so as not to impair its usefulness. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 34, eff. April 25, 1995.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3569. Highway changed; notice; hearing

§ 3569. Highway changed; notice; hearing
When a highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, the railroad corporation, with the consent of the Board, may cause such highway to be changed so that such railroad may be constructed on the best site for that purpose. However, such corporation shall put such highway as near as practicable in as good a situation and repair as it was previous to such alteration, under the direction of the Board. Such construction or alteration shall not be made without notice to all parties interested and a hearing before the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3570. Crossing; repairs at town highways

§ 3570. Crossing; repairs at town highways
When a railroad corporation has constructed a railroad across a town highway by passing upon, over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the accommodation, safety, and convenience of the public travel on the highway, over or upon the railroad. (Amended 1969, No. 76, § 1; 1995, No. 60, § 35, eff. April 25, 1995.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3571. State highways

§ 3571. State highways
(a) When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad.
(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense. (Added 1969, No. 76, § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3572. Highway bridges on State highways

§ 3572. Highway bridges on State highways
(a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges that were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense.
(b) Construction of new bridges carrying public highways over railroad tracks and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad. (Added 1969, No. 76, § 3.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3573. Railroad bridges; repairs and construction

§ 3573. Railroad bridges; repairs and construction
When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary its bridges and abutments; however, construction of new bridges and abutments and rebuilding and reconstruction of existing bridges and abutments made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic shall be made by the railroad at State expense. (Added 1969, No. 76, § 4.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3574. Expense; apportionment; State, municipality, and railroad

§ 3574. Expense; apportionment; State, municipality, and railroad
When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3575. Maintenance of roadbed through an underpass

§ 3575. Maintenance of roadbed through an underpass
The maintenance of the roadbed of the highway through an underpass shall be borne by the State, in the case of a State highway, or municipality, in the case of a town highway, or both, unless, upon petition, the Board shall order otherwise. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 6, § 29, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3577. Liability; railroad

§ 3577. Liability; railroad
A railroad corporation constructing a railroad across a highway shall be liable to the town, within whose limits the crossings are, for damages occasioned to that town by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions against the corporation by reason of the noncompliance. (Amended 1969, No. 76, § 7.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3578. Release of corporation from liability

§ 3578. Release of corporation from liability
The liability of the corporation shall continue although the railroad has been abandoned, unless the town’s selectboard members consent in writing that the corporation be released from liability, or unless the corporation or its assigns restore the crossing to its original state of usefulness and permanency. The written consent shall be recorded in the record of deeds in the town clerk’s office by the selectboard members. (Amended 2021, No. 105 (Adj. Sess.), § 33, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3579. Towns may require repairs

§ 3579. Towns may require repairs
When the selectboard of a town in which such crossing is located is of the opinion that such bridge, culvert, crossing, or construction requires repairing or rebuilding in order to be safe for travel thereon, the selectboard may notify the corporation required by this chapter to repair or rebuild the same by leaving a written notice to that effect with the president, superintendent of such road, or the clerk of such corporation. When such corporation does not repair or rebuild the same within one month after such notice, the town may apply by petition to the Transportation Board to be heard thereon. Upon due notice and hearing, the Board may order and compel such repairs or rebuilding to be made as are necessary for the safety of the traveling public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3580. Contract between town and company not affected

§ 3580. Contract between town and company not affected
Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or other construction.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3581. Warning devices and signs at grade crossings; exemption from stopping

§ 3581. Warning devices and signs at grade crossings; exemption from stopping
(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade.
(b) The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as “exempt” and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days after such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix “exempt” signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign.
(c) At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an “exempt” crossing designation. The railroad and the person having control of the highway shall remove the “exempt” signs as directed by the Transportation Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153, § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49, § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a; 2023, No. 6, § 30, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3582. Crossings; use of audible warning device

§ 3582. Crossings; use of audible warning device
(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train’s approach and shall be kept sounding until the train has crossed the highway.
(b) [Repealed.]
(c) [Repealed.]
(d) A railroad operating a train over a crossing at which the Federal Railroad Administration has approved establishment of a quiet zone under 49 C.F.R. Part 222 shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.
(e) Nothing in this section shall prohibit a railroad’s use of an audible warning device in emergency circumstances.
(f) A municipality in which a crossing is located shall not, on the basis of the railroad’s omission to sound an audible warning device because of a quiet zone established under 49 C.F.R. Part 222, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5; 2023, No. 6, § 31, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3583. Penalty

§ 3583. Penalty
When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3584. Gates; electric signals; flaggers

§ 3584. Gates; electric signals; flaggers
When requested in writing by three or more freeholders or registered voters or residents of a city or village to order a gate or electric signal to be erected, or a flagger to be stationed at any railroad crossing at grade within such city or village, or when so requested by three or more freeholders or registered voters or residents of a town to order an electric signal to be erected at any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation Board shall visit that place, first giving the parties making the request, the Secretary of Transportation, and the railroad corporation notice thereof. If the public safety requires, the Board shall order the corporation operating the railroad to do any act at that place needful for the protection of the public and may make any other order or further order it deems necessary in the premises, including an order, after hearing and due notice to the parties in interest, directing the State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and equitable. The Board shall not make further order without first visiting the place and giving the railroad corporation, the Secretary of Transportation, and the parties making request an opportunity to be heard thereon. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 3, eff. Aug. 1, 1961; 1969, No. 76, § 8; 1971, No. 253 (Adj. Sess.), § 9, eff. April 7, 1972; 1993, No. 172 (Adj. Sess.), § 54.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3585. Procedure for payment of State’s portion of cost

§ 3585. Procedure for payment of State’s portion of cost
In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of the cost incurred by the State agency, municipality, corporation, or person responsible for compliance with the order with an affidavit of an appropriate officer or person that the costs shown on the statement were incurred and are reasonable to the best of the officer’s or person’s knowledge and belief. Upon approval by the Board of the statement and its certification to the Commissioner of Finance and Management, the State Treasurer shall issue a warrant to pay the State’s portion of the cost in accordance with the order of the Board. (Added 1966, No. 4 (Sp. Sess.), eff. Feb. 17, 1966; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 172 (Adj. Sess.), § 55.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3586. Obstructing crossings; penalty

§ 3586. Obstructing crossings; penalty
A person, corporation, or the agents or employees thereof, owning or operating a railroad, who willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3587. Obstructing crossing more than five minutes; penalty; exemption

§ 3587. Obstructing crossing more than five minutes; penalty; exemption
(a) When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time. A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.
(b) The provisions of this section shall not apply to:
(1) any grade crossings now existing or subsequently established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and
(2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12). (Amended 1993, No. 211 (Adj. Sess.), § 22, eff. June 17, 1994; 2005, No. 175 (Adj. Sess.), § 19; 2021, No. 105 (Adj. Sess.), § 34, eff. July 1, 2022.)