Print
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.)