Title 05, Title 05: Aeronautics and Surface Transportation

§ 3408. Railbanking; notification (a) If the Secretary finds that the continued operation of any State-owned railroad property is not economically feasible under present conditions, the Secretary may place the line in railbanked status after giving advance notice of the planned r…

§ 3408a. Use of rail trails (a) Definitions. As used in this section: (1) “Rail trail” means the right-of-way of a State-owned railroad line that has been authorized for railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) or section 3408 of this chapter. (2) “Trail …

§ 3409. Delegation The Secretary, from time to time, may delegate to officers or employees of the Agency his or her authority under this chapter or under any uncodified laws pertaining to State-owned railroads. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)

§ 3410. Railroad rights-of-way; communications leases; annual report Annually, on or before December 15, the Secretary shall report to the House and Senate Committees on Transportation regarding the most recent fiscal year’s lease revenues for State-owned railroad rights-of-way r…

§ 3421. Definitions; application (a) Except where a particular statute provides otherwise or where the context of a statute unambiguously requires a contrary construction, for the purposes of the parts of this title relating to railroads: (1) “Agency” means the Agency of Transpor…

§ 3422. Scope of chapter Railroad corporations organized or incorporated under the laws of the State shall be subject to the provisions of this part so far as consistent with their respective charters.

§ 3423. Construction of terms Unless such construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of the same statute, the words “charter” and “act of incorporation,” or equivalent words as used in this title, shall include the ar…

§ 3424. Application of provisions of title The provisions of this title that impose upon a railroad corporation any duty, obligation, or liability shall apply to persons having the possession, control, or management of a railroad, or of the engines and cars running thereon, as le…

§ 3425. Adverse possession in roadway confers no right A person shall not by reason of adverse possession acquire title to lands belonging to a railroad corporation where such lands lie within the limits of the roadway of such corporation as recorded in the town clerk’s office.

§ 3426. Contracts between corporations; corporate property Railroad corporations in this State may make contracts and arrangements with each other, and with railroad corporations incorporated under the laws of any other state or under the authority of the Dominion of Canada, for …

§ 3427. Alien railroad corporations; exceptions (a) An alien railway corporation shall not be directly or indirectly interested in any of the stock of a railroad corporation organized under the laws of this State without leave of the General Assembly. However, nothing in this sec…

§ 3428. Jurisdiction of Superior Court On information of the State’s Attorney of any county through which the road runs, the Superior Court may enforce the provisions of section 3427 of this title by writ of sequestration, injunction, receivership, or any other appropriate remedy…

§ 3429. Rights and liabilities not affected Nothing in this title shall affect rights or liabilities accrued prior to December 1, 1850.

§ 3430. Legislative control The provisions of this title shall at all times be subject to alteration, amendment, or repeal by the General Assembly.

§ 3431. Railroad rights-of-way Notwithstanding the provisions of 1 V.S.A. § 213, when railroad operations cease on railroad rights-of-way owned by the State or municipality, the title or interest held by the State or municipality in such rights-of-way shall be retained by the Sta…

§ 3432. Emergency action for railroad derailment accidents If a derailment of a freight or passenger train threatens public health or safety, or the disruption of rail service affecting interstate commerce, State, county, and municipal authorities shall allow necessary emergency …

§ 3451. Supervision and inspection The Transportation Board shall have general supervision of all railroads within this State and of corporations, receivers, trustees, directors, lessees, and other persons owning or operating the same, so far as may be necessary to enable it to p…

§ 3452. Disclosure of information (a) When requested to do so by the Board or the Agency, a railroad operating in this State shall furnish the Board or Agency any information specifically requested concerning the management of the railroad and the condition of its equipment and f…

§ 3453. Report of accidents A railroad shall report accidents to the Agency under the same circumstances and in the same manner as provided by federal law for reporting accidents to the Federal Railroad Administration. If an accident results in loss of life, serious personal inju…

§ 3454. Investigation of accidents; hearing; determination; publicity The Board shall inquire into the cause of every accident on a railroad resulting in loss of life and, in its judgment, into any accident, collision, or derailment of trains not so resulting. When, in its judgme…

§ 3455. Unlawful acts; petitions to Board; hearings In a matter over which the Board has jurisdiction, a person that claims to be injured by the unlawful action or neglect of a railroad in this State may commence proceedings by petition to the Board, with a copy to the Agency, br…

§ 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 railr…

§ 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 m…

§ 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 …

§ 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 corp…

§ 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 ne…

§ 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 wa…

§ 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 def…

§ 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 …

§ 3521. Taking for depot accommodations A railroad corporation may enter upon and take lands necessary for depot accommodations as provided by law and its act of incorporation.

§ 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 thi…

§ 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 a…

§ 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 la…

§ 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…

§ 3526. Estate for life or years; reversionary interest When a railroad corporation takes land subject to an estate for life or years, the commissioners shall appraise the damages to such estate and also the damages to the reversionary interest.

§ 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 propert…

§ 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 …

§ 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 know…

§ 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 commis…

§ 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 …

§ 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 Sta…

§ 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…

§ 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 rea…

§ 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 w…

§ 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 employ…

§ 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 incor…