§ 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 Transportation.
(2) “Board” means the Transportation Board.
(3) “Railroad” or “railroad corporation” includes any railroad located in whole or in
part within this State owned, leased, operated, or managed by any person without regard
to whether the person is located within or outside this State. The rights conferred
in this title upon railroads shall inure to, and the duties imposed in this title
upon railroads shall be binding upon, their owners, lessees, operators, and managers,
as the case may be.
(b) The provisions of the parts of this title that impose upon a railroad any duty or
liability shall apply to any person having the possession, control, or management
of a railroad, or engines and cars running on a railroad. (Amended 1993, No. 172 (Adj. Sess.), § 38.)
§ 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 articles of association
under which a railroad corporation is formed pursuant to the provisions of chapter
64 of this title.
§ 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 lessees, assignees,
trustees, or in any other capacity.
§ 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 leasing and running the roads
of the respective corporations or a part thereof by either of their respective corporations.
Such railroad corporation in this State may contract for and hold in fee simple or
otherwise lands or buildings in this or other states for depot purposes and storing
freight and may purchase and hold such personal property as is necessary and convenient
for carrying into effect the object of this section.
§ 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 section shall apply to the
stock of any railroad corporation now or hereafter organized that shall own or operate
all or any part of the railroad or other property owned or operated by a railroad
corporation at any time prior to February 15, 1929, a majority of whose stock was
owned, held, or controlled by an alien railway corporation, or by any of its subsidiary
or affiliated companies or corporations, directly or indirectly, at any time prior
to such date.
(b) An alien railway corporation shall not, by itself or through others, own or acquire
title to any railroad, or the use thereof, or have anything to do with the management
or control of a railroad in this State without leave of the General Assembly. However,
nothing in this section shall apply to a railroad that at any time prior to February
15, 1929, in whole or in part, was owned, managed, operated, or controlled, or title
to which or the use of which was acquired by any alien railway corporation, or by
any of its subsidiary or affiliated companies or corporations, whether by itself or
with others and whether directly or indirectly by stock ownership, lease, operating
agreement, or otherwise.
§ 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 State or municipality for future transportation purposes and such
other purposes as are not inconsistent with future transportation purposes, except
that such rights-of-way shall not be used by members of the general public without
permission of the State or municipality. The State or municipality shall allow abutting
farm operations to use the land over which the rights-of-way pass for agricultural
purposes. Unless use and occupancy of railroad rights-of-way adversely affect railroad
safety, broadband facilities and wireless and other telecommunications facilities
that are installed along or within the railroad right-of-way in compliance with applicable
operations and safety standards at the time of installation are consistent with existing
and future transportation purposes. (Added 1981, No. 187 (Adj. Sess.), § 1; amended 2007, No. 79, § 8, eff. June 9, 2007.)
§ 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 equipment to be moved expeditiously
to the site of the derailment, unless doing so poses an immediate risk to public health
and safety as determined by the Secretary of Transportation or designee. (Added 2001, No. 75 (Adj. Sess.), § 12, eff. Feb. 19, 2002.)