Title 462, RAILROADS

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 …

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 …

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 rule…

Sec. 133. The department shall keep a record of all its findings, decisions, determinations, and investigations under this act.

Sec. 137. Railroads shall furnish to the department copies of Michigan train-vehicle accident reports filed with the federal railroad administration.

Sec. 153. (1) The department, for the purposes mentioned in this act, may issue orders, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, and other related documents. If a person refuses or…

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 …

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 th…

Sec. 159. The department may grant a rehearing and alter, amend, or modify its previous findings and orders.

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 o…

Sec. 171. (1) Any railroad or other party in interest, being dissatisfied with any order of the department may within 30 days after the issuance of the order commence an action in the circuit court for the county of Ingham, against the department as defendant to vacate and set as…

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 proce…

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.

Sec. 201. (1) One or more persons may form a corporation for the purpose of constructing, operating, and maintaining a railroad, railroad bridge, or railroad tunnel by subscribing articles of association, in which shall be set forth the name of the corporation, the number of year…

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…

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 o…

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…

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 direc…

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 o…

Sec. 215. (1) At any meeting of stockholders for the election of directors, the stockholders may classify the directors into 3 classes, as near as may be, 1 of which shall hold their office 1 year, 1 for 2 years, and 1 for 3 years, and until their successors are respectively elec…

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.

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 compa…

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 in…

Sec. 223. A railroad company shall possess the general powers and be subject to the following liabilities and restrictions: (a) To cause such examinations and surveys of the proposed railroad, or railroad bridge or tunnel to be made as may be necessary to the selection of the mos…

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 a…

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…

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…

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…

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.

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 oth…

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, …

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…

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 conne…

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.

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…

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 suff…

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.

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 of…

Sec. 255. (1) A person who, while riding in the car of a freight, passenger, or other train on any railroad in this state, uses or utters indecent, obscene, or profane language in the hearing of other passengers, riotously or boisterously conducts himself or herself to the annoya…

Sec. 257. (1) A person who causes or attempts to cause the derailment of an engine, cars, or track vehicle used on railroad tracks by placing an impediment on the track of a railroad, whether the engine, cars, or track vehicle are thrown from the track or not, or who by any other…

Sec. 259. A railroad company building, owning, or operating a railroad in this state is liable for all loss or damage to property by fire originating from engines passing over the roads, fires set by company employees by order of the officers of the road, or otherwise originating…

Sec. 261. If a passenger on a train is killed or injured while on the platform of a car, or while in or on a baggage or freight car, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside its passenger cars then in the train, t…

Sec. 263. Vehicles used to transport railroad employees shall be equipped with adequate seating, heating, and communication systems and shall comply with all safety requirements to operate on Michigan highways. This section shall not apply to motor vehicles used to transport empl…

Sec. 265. (1) A corporation or person shall not string any wire, electrical or other, over and across a railroad or street railway right-of-way unless 1 of the following procedures is followed: (a) For crossings within the right-of-way of a public street, highway, road, or alley,…

Sec. 267. (1) A person not authorized by a railroad company shall not destroy, remove, change, extinguish, or tamper with any light or banner attached to or connected with any switch or derailing device maintained by a railroad company. (2) A person who violates this section is g…