Chapter 160

Section 82. After the location of the railroad has been finally determined under the two preceding sections, the corporation may take any land within such location by eminent domain under chapter seventy-nine.

Section 83. If a railroad corporation requires land for any of the purposes specified in section seventy-eight other than for the location of its railroad not more than five rods wide as provided in the three preceding sections, and is unable to obtain it by agreement with the ow…

Section 84. A railroad corporation may purchase, or take in the manner provided in the preceding section, from time to time, any lands or rights belonging to any other railroad or other public service corporation not necessary for the business of such corporation at such time or …

Section 85. A railroad corporation, with the written approval of the department, obtained upon petition, and after notice to all persons interested, and a hearing, may, for the purpose of improving the alignment of its railroad or for any other lawful purpose, change its location…

Section 86. A railroad corporation, having taken land for its railroad, may vary the direction of said railroad in the city or town where such land is situated; but it shall not locate any part thereof outside the limits of the route fixed under section twenty or twenty-one, with…

Section 87. Land, outside the location of the railroad five rods in width, taken or purchased for railroad, depot or station purposes shall not be exempt from taxation.

Section 88. No length of possession or occupancy of land, which belongs to a railroad corporation, by an owner or occupier of adjoining land shall create in him or in a person claiming under him a right to such land of the corporation.

Section 89. The department shall, from time to time, prescribe rules relative to the form in which all descriptions of locations of railroads shall be made, the particulars to be contained therein and the manner in which such descriptions shall be uniformly kept for preservation …

Section 9. Plans and profiles presented to a committee of the general court in the hearing of a petition for such a charter shall be deposited by it in the state library.

Section 90. After a railroad corporation has taken land in the manner hereinbefore authorized, it shall, before constructing the railroad, and, upon request of the owner or occupant, fence it.

Section 91. At the time of awarding damages to landowners under chapter seventy-nine, the county commissioners shall in addition thereto order the corporation to construct and maintain such embankments, culverts, walls, fences or other structures as they judge reasonable for the …

Section 92. If the corporation neglects to comply with such order, the supreme judicial court, upon application of the landowner interested in its execution, or his assigns, shall have jurisdiction in equity to enforce the specific performance thereof. Or if the corporation, for …

Section 93. Every railroad corporation shall erect and maintain suitable fences, with convenient bars, gates or openings therein, upon both sides of the entire length of its railroad, except at the crossings of a public way or in places where the convenient use of the railroad wo…

Section 93A. If the mayor of a city or the selectmen of a town where a railroad corporation is authorized to lay and use tracks are of the opinion that the public safety requires the erection of a fence along such tracks, they may apply to the department, which shall, after publi…

Section 94. If a person other than a railroad corporation is required by law or contract to erect or maintain fences along a part of the line of the railroad, the corporation shall erect such fences or keep them in repair as provided in the preceding section, and may recover in c…

Section 95. If two or more railroad corporations whose tracks cross each other at the same level agree to separate the grades, they may apply to the department which shall thereupon determine when, in what manner and by which corporation said work and each portion thereof shall b…

Section 96. A railroad shall not be constructed across another railroad at the same level without the written consent of the department, nor across navigable or tide waters without the written consent of the department of highways, and in such manner as said departments, respecti…

Section 97. A railroad laid out across a public way shall be so constructed as not to obstruct the same; and, unless the county commissioners and the department authorize a crossing at the same level as provided in section one hundred and two, it shall be constructed so as to pas…

Section 98. If the railroad is constructed to pass over the way, a sufficient space shall be left under the railroad conveniently to accommodate the travel on the way. If the railroad is constructed to pass under the way, the railroad corporation shall build such bridges, with th…

Section 99. Cities and towns may make agreements with railroad corporations in regard to the kind of material, form of construction and payment of the cost of the wearing surface of bridges and approaches over or under a public way, wherever the railroad company is required by la…