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The Vermont Statutes Online



Title

05

:
Aeronautics and Surface Transportation Generally






Chapter

062

:
POWERS AND DUTIES OF BOARD RELATING TO RAILROADS











 

§

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 which 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 such 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 expenses incurred shall constitute a debt due the state upon the rendering

of an account therefor 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.)