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Subchapter 001: LOCATION, CONDEMNATION, AND CONSTRUCTION
§ 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
waters of a person, subject to liability for actual damages. Entry for other purposes
shall not be made without the consent of the owner, until the damages are agreed upon
by the parties, or ascertained and paid to the owner, or deposited as hereinafter
provided.
§ 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 defining the courses, distances,
and boundaries of the same in each town through which it passes, signed by a majority
of the directors, to be recorded in the respective clerk’s offices of the towns. If
the road passes through an unorganized town or gore, the location shall be recorded
in the offices in which conveyances of real estate situated in that unorganized town
or gore are required by law to be recorded. (Amended 2021, No. 105 (Adj. Sess.), § 26, eff. July 1, 2022.)
§ 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 the road,
with the right of entering upon the land and constructing and keeping in repair necessary
aqueducts.
§ 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 this title, on application of the corporation and after 12 days’ notice to the owner, first
prescribe the limits within which such lands shall be taken.
§ 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 agree as to the price of the land and other
property, any two Justices of the Supreme Court, upon application for that purpose
by the corporation, shall appoint three disinterested commissioners, one of whom shall
be an inhabitant of the town and all shall be inhabitants of the county in which the
land or other property to be appraised is situated, to determine the damages that
the owners of the land or property have sustained by the occupation of the railroad
corporation for the construction, maintenance, and convenient accommodation of its
road. (Amended 2021, No. 105 (Adj. Sess.), § 27, eff. July 1, 2022.)
§ 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 lands unless the
owner resides in the State or has some known agent or attorney residing in the State.
If the owner does not reside in the State, and has a known agent or attorney residing
in the State, the same notice shall be given to the agent or attorney as is directed
to be given to the owner or occupant. (Amended 2021, No. 105 (Adj. Sess.), § 28, eff. July 1, 2022.)
§ 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 taken.
§ 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 property so appraised. Within
30 days thereafter, the corporation shall cause the same to be recorded in the clerk’s
office of the town where the land or other estate lies.
§ 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 Court, as the commissioners
direct, to the credit of the person to whom the damages have been awarded, such bank
or clerk giving notice personally or by mail to such persons that such deposit has
been made, the corporation shall be deemed to be seized and possessed of the land
or other property appraised by the commissioners. (Amended 2023, No. 6, § 26, eff. July 1, 2023.)
§ 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 known, the corporation shall cause the damages sustained
by the owner to be determined in the manner described in this subchapter and shall
pay the same to the lawful owner when demanded, with interest thereon. Such damages
and interest shall be a specific lien upon the real estate of such corporation and
be preferred before any other demand against such corporation. (Amended 2013, No. 96 (Adj. Sess.), § 14; 2017, No. 113 (Adj. Sess.), § 11.)
§ 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 commissioners,
one of whom shall be an inhabitant of the county in which such land or property is
situated. The decision of the court shall be final upon the report of the commissioners,
and costs, in the discretion of the court, may be allowed to either party. An appeal
shall not be taken by the corporation after deposit of the amount of the award, nor
shall an appeal be taken by the landholder or owner after acceptance thereof. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 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 the levy of execution, or otherwise,
after having the damages appraised by the commissioners, such corporation may apply
by petition to a Superior judge who, in his or her discretion, may order the damages
awarded by the commissioners to be deposited with the Clerk of the Court, or in a
bank in the county where the land lies, subject to the order of such person as the
Superior judge decides is entitled to the same, or subject to the future order of
the Superior judge.
§ 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 State, such notice
shall be given as the Superior judge may order.
§ 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 judge may order
the same invested for the benefit of those interested.
§ 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 reasonable
compensation as the commissioners for determining railroad damages deem proper. The
person so claiming to be damaged may apply in writing to the commissioners, setting
forth such damage. Such application, with a notice from the commissioners to the corporation
of the time and place of hearing, shall be served on the corporation according to
law.
§ 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 works connected to
the railroad and taken materials to use in the construction of its road, and has not
paid the owner for those materials nor, within two years from entry, had the damages
appraised by commissioners and an award made and delivered, a person claiming damages,
within six years after the entry, may bring an action for damages before a Superior
Court. An answer justifying the entry under the act incorporating the company shall
not bar the action, but the plaintiff shall recover only actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)
§ 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 employed by the contractors for
labor actually performed on its road, if the person having such claim, within 40 days
after the performance of the labor, shall notify in writing the engineer in charge
of the section on which the labor was performed that he or she has not been paid by
the contractors.
§ 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 incorporation.
Before the time required by law for completing the road, such corporation shall file
the location of the different parts of the road, when such variations are made, with
the clerks of the respective towns where such parts are situated, who shall record
the same.
§ 3538. When other land of same owner is taken, first land to revert
When a railroad corporation has paid or becomes liable to pay land damages for the
location of its road, and afterwards changes such location and occupies other lands
of the same landowner to whom damages have been paid or awarded, the land first located
upon, on the completion of the subsequent location, shall revert to the landowner.
On the subsequent location, the commissioners shall award such damages as under the
circumstances are just.
§ 3539. Difference in value; adjustment
When the damages awarded on the second location are less than those awarded on the
first, the corporation may recover the difference, if paid, from the landowner. If
the damages so awarded have not been paid, the corporation may retain the difference
and shall not be liable to pay the same. When the damages on the first location have
been assessed by the commissioners and an appeal is pending, the corporation shall
pay the costs accrued in the appeal, and cause its new location to be recorded, before
it takes the benefit of this section. (Amended 2021, No. 105 (Adj. Sess.), § 30, eff. July 1, 2022.)
§ 3540. Change after damages are paid
When the location of a railroad is changed after the payment of damages to a landowner,
and a portion of the lands of such owner is not taken for the new location, the lands
taken for the first location shall revert to the owner. The railroad corporation may
recover from the landowner the amount paid as damages less the damages that accrued
to the owner in consequence of locating the railroad across the owner’s lands, which
shall be ascertained by the Transportation Board. The landowner, if the landowner
chooses, may convey to the corporation the located upon land and retain the awarded
sum. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 31, eff. July 1, 2022.)
§ 3541. Change before damages are paid
When the location of the road has been changed as mentioned in section 3540 of this title, and the damages have been awarded and not paid, the land first located upon shall
revert to the owner thereof. The corporation shall not be required to pay the sum
so awarded but shall pay to the owner the damages that have accrued to him or her
by reason of such location, to be determined by the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
§ 3542. Right to alter highway
When it is necessary for a railroad corporation to lay out its road upon or by the
side of a highway, or upon a bridge owned by a town or the Agency of Transportation,
the railroad corporation shall give notice thereof to a member of the selectboard
of the town (where the proposed alteration involves a town highway) or the Secretary
of Transportation (where the proposed alteration involves a State highway). When the
railroad corporation cannot agree with the selectboard members or with the Agency
of Transportation on a road to be worked or a bridge to be built by the railroad corporation,
in place of such road or bridge, or on the amount of damages, the Transportation Board
shall direct it to build such road or bridge, as a substitute for the road or bridge
so located upon, as the interest of the public and the parties require. Upon the construction
of such road or bridge, the road or bridge so located upon shall vest in the railroad
corporation. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 47.)
§ 3543. Appeal
A railroad corporation, a town, the Agency of Transportation, or an individual owning
land adjacent to a road or bridge so entered upon, crossed, or altered shall have
the same right of appeal from the decision of the selectboard or the Transportation
Board as is provided in this chapter from the appraisal of land damages by commissioners. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 48; 2023, No. 6, § 27, eff. July 1, 2023.)
§ 3544. Alteration of course of highway at crossing
A railroad corporation may alter the course of a highway where it is crossed by its
railroad, for the purpose of facilitating the crossing of the same, if it can agree
with the selectboard of the town (in the case of a town highway) or the Agency of
Transportation (in the case of a State highway) as to such alteration or the manner
of crossing. When they cannot agree, the Transportation Board shall determine the
same. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 49.)
§ 3545. Alterations to be recorded
Alterations made in a highway as provided in this chapter, if made by the Transportation
Board, shall be signed by it. If such alterations are agreed upon by the parties,
the agreement shall be signed by the selectboard of the town (where the alteration
involves a town highway) or Secretary of Transportation (where the alteration involves
a State highway) and duly recorded in the town clerk’s office. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 50.)
§ 3546. Additional lands
A railroad corporation may take additional lands for the purposes mentioned in sections
3543–3545 of this title as the Transportation Board judges necessary. Unless the taken lands are purchased
or given, compensation for the lands shall be determined by the Transportation Board,
as in other cases, and made by the railroad corporation to the owners and persons
interested in the lands. When compensation is made, the same shall become part of
the highway, and may be held for highway purposes, and the landowners and railroad
corporation shall have the same right of appeal as in other cases of land damages. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 51; 2021, No. 105 (Adj. Sess.), § 32, eff. July 1, 2022.)
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Subchapter 002: CROSSING HIGHWAYS
§ 3566. Highway crossing railroad
When a highway is laid out after the laying out and constructing of a railroad, so
as to cross such railroad, the highway may pass over, under, or cross the railroad
and shall be so built as not to obstruct or injure it. In case the highway is laid
out to cross the railroad at grade, on application of the parties owning or operating
the railroad, the Board, upon notice and hearing, shall determine whether such crossing
ought to be at grade. If the Board determines that the crossing ought not to be at
grade, it shall be constructed over or under the railroad. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 32, eff. April 25, 1995.)
§ 3567. Application to Transportation Board
The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying
the highway for beginning work thereon. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 33, eff. April 25, 1995.)
§ 3568. Railroad crossing highway
A railroad may be so laid out as to cross a highway if the Board judges it necessary.
The railroad may raise or lower the highway for the purpose of having its railroad
pass over or under it. However, the railroad shall restore the highway as far as practicable
and so as not to impair its usefulness. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 34, eff. April 25, 1995.)
§ 3569. Highway changed; notice; hearing
When a highway is so located that such railroad cannot be judiciously constructed
across or upon the same without interfering therewith, the railroad corporation, with
the consent of the Board, may cause such highway to be changed so that such railroad
may be constructed on the best site for that purpose. However, such corporation shall
put such highway as near as practicable in as good a situation and repair as it was
previous to such alteration, under the direction of the Board. Such construction or
alteration shall not be made without notice to all parties interested and a hearing
before the Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
§ 3570. Crossing; repairs at town highways
When a railroad corporation has constructed a railroad across a town highway by passing
upon, over, or under the traveled path thereof, the corporation shall keep in good
and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and
other constructions made for the accommodation, safety, and convenience of the public
travel on the highway, over or upon the railroad. (Amended 1969, No. 76, § 1; 1995, No. 60, § 35, eff. April 25, 1995.)
§ 3571. State highways
(a) When a railroad corporation has constructed a railroad across a State highway by passing
upon the traveled path thereof, the corporation shall keep in good and sufficient
repair, and rebuild when necessary, culverts, crossings, and other constructions except
bridges made for the accommodation, safety, and convenience of the public travel on
the highway upon the railroad.
(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding
of existing crossings required as a result of the building of said extensions, when
required for the accommodation, safety, and convenience of the public travel, or for
any reason except the accommodation of the railroad, shall be done by the railroad
corporation at State expense. (Added 1969, No. 76, § 2.)
§ 3572. Highway bridges on State highways
(a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any
existing bridge on a State highway that carries a public highway over railroad tracks,
the State shall rebuild the bridge and pay one-half the cost thereof and the railroad
corporation whose track travels under the bridge shall pay one-half the cost thereof;
thereafter the State shall maintain, rebuild, and repair the bridge at its expense.
If the rebuilding or reconstruction is made at the request of and for the benefit
of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and
reconstruction or rebuilding, in whole or in part, required on bridges that were reconstructed
or rebuilt in whole or in part for existing legal loads for State highways, subsequent
to January 1, 1963, shall be made by the State at its expense.
(b) Construction of new bridges carrying public highways over railroad tracks and rebuilding
and reconstruction of existing bridges, when made necessary by reason of highway improvement
incident to increased load, usage, or speed of motor vehicular traffic, shall be made
by the State at its expense, except that to the extent any additions or improvements
are made at the request of and for the benefit of the railroad, the added cost shall
be paid by the railroad. (Added 1969, No. 76, § 3.)
§ 3573. Railroad bridges; repairs and construction
When a railroad corporation has constructed a railroad across a public highway by
passing over the traveled path thereof, the corporation shall keep in good and sufficient
repair and rebuild when necessary its bridges and abutments; however, construction
of new bridges and abutments and rebuilding and reconstruction of existing bridges
and abutments made necessary by reason of highway improvement incident to increased
load, usage, or speed of motor vehicular traffic shall be made by the railroad at
State expense. (Added 1969, No. 76, § 4.)
§ 3574. Expense; apportionment; State, municipality, and railroad
When made necessary by reason of highway improvement incident to increased load or
speed of motor vehicular traffic, upon petition of the railroad corporation owning
or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation,
to the Transportation Board, after hearing and due notice to the parties in interest,
the cost of the repairing and rebuilding may be apportioned between the State, the
municipality with its consent, and the railroad in such proportion as the Board finds
just and equitable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.)
§ 3575. Maintenance of roadbed through an underpass
The maintenance of the roadbed of the highway through an underpass shall be borne
by the State, in the case of a State highway, or municipality, in the case of a town
highway, or both, unless, upon petition, the Board shall order otherwise. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 6, § 29, eff. July 1, 2023.)
§ 3576. Expense; State highways
When a highway is controlled and maintained by the State, the expense shall be borne
by the State. (Amended 1969, No. 76, § 6.)
§ 3577. Liability; railroad
A railroad corporation constructing a railroad across a highway shall be liable to
the town, within whose limits the crossings are, for damages occasioned to that town
by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions
against the corporation by reason of the noncompliance. (Amended 1969, No. 76, § 7.)
§ 3578. Release of corporation from liability
The liability of the corporation shall continue although the railroad has been abandoned,
unless the town’s selectboard members consent in writing that the corporation be released
from liability, or unless the corporation or its assigns restore the crossing to its
original state of usefulness and permanency. The written consent shall be recorded
in the record of deeds in the town clerk’s office by the selectboard members. (Amended 2021, No. 105 (Adj. Sess.), § 33, eff. July 1, 2022.)
§ 3579. Towns may require repairs
When the selectboard of a town in which such crossing is located is of the opinion
that such bridge, culvert, crossing, or construction requires repairing or rebuilding
in order to be safe for travel thereon, the selectboard may notify the corporation
required by this chapter to repair or rebuild the same by leaving a written notice
to that effect with the president, superintendent of such road, or the clerk of such
corporation. When such corporation does not repair or rebuild the same within one
month after such notice, the town may apply by petition to the Transportation Board
to be heard thereon. Upon due notice and hearing, the Board may order and compel such
repairs or rebuilding to be made as are necessary for the safety of the traveling
public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.)
§ 3580. Contract between town and company not affected
Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town
relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or
other construction.
§ 3581. Warning devices and signs at grade crossings; exemption from stopping
(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal
Highway Administration’s Manual on Uniform Traffic Control Devices, as amended from
time to time, at every public highway where the same is crossed by its railroad at
grade.
(b) The Transportation Board, upon recommendation of the Agency of Transportation and
after notice to the railroad and the person having control of the highway and an opportunity
to be heard, may designate certain crossings as “exempt” and may impose such conditions
as the interests of safety and the public good dictate. However, a flagperson shall
be stationed at every crossing whenever a train is crossing a highway where an exempt
sign is displayed. Within 90 days after such an order, the railroad in the case of
warning devices, and the person having control of the highway in the case of advance
warning signs, shall affix “exempt” signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign.
(c) At the request of the Agency of Transportation, the railroad, or the person having
control of the highway, and after notice and an opportunity to be heard, the Transportation
Board may rescind an “exempt” crossing designation. The railroad and the person having
control of the highway shall remove the “exempt” signs as directed by the Transportation
Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153, § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49, § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a; 2023, No. 6, § 30, eff. July 1, 2023.)
§ 3582. Crossings; use of audible warning device
(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration
shall be sounded sufficiently in advance of each public highway grade crossing to
give warning of a train’s approach and shall be kept sounding until the train has
crossed the highway.
(b) [Repealed.]
(c) [Repealed.]
(d) A railroad operating a train over a crossing at which the Federal Railroad Administration
has approved establishment of a quiet zone under 49 C.F.R. Part 222 shall not, on the basis of its omission to sound an audible warning device, be liable
to any person for death, personal injury, or property damage resulting from use of
the crossing.
(e) Nothing in this section shall prohibit a railroad’s use of an audible warning device
in emergency circumstances.
(f) A municipality in which a crossing is located shall not, on the basis of the railroad’s
omission to sound an audible warning device because of a quiet zone established under
49 C.F.R. Part 222, incur liability to any person for death, personal injury, or property damage, resulting
from use of the crossing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5; 2023, No. 6, § 31, eff. July 1, 2023.)
§ 3583. Penalty
When a person or corporation owning or operating a railroad unreasonably neglects
or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.
§ 3584. Gates; electric signals; flaggers
When requested in writing by three or more freeholders or registered voters or residents
of a city or village to order a gate or electric signal to be erected, or a flagger
to be stationed at any railroad crossing at grade within such city or village, or
when so requested by three or more freeholders or registered voters or residents of
a town to order an electric signal to be erected at any railroad crossing at grade
within that town, or, acting on its own initiative, the Transportation Board shall
visit that place, first giving the parties making the request, the Secretary of Transportation,
and the railroad corporation notice thereof. If the public safety requires, the Board
shall order the corporation operating the railroad to do any act at that place needful
for the protection of the public and may make any other order or further order it
deems necessary in the premises, including an order, after hearing and due notice
to the parties in interest, directing the State, the municipality, and the railroad
to pay all or part of the costs as the Board finds just and equitable. The Board shall
not make further order without first visiting the place and giving the railroad corporation,
the Secretary of Transportation, and the parties making request an opportunity to
be heard thereon. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 3, eff. Aug. 1, 1961; 1969, No. 76, § 8; 1971, No. 253 (Adj. Sess.), § 9, eff. April 7, 1972; 1993, No. 172 (Adj. Sess.), § 54.)
§ 3585. Procedure for payment of State’s portion of cost
In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of
the cost incurred by the State agency, municipality, corporation, or person responsible
for compliance with the order with an affidavit of an appropriate officer or person
that the costs shown on the statement were incurred and are reasonable to the best
of the officer’s or person’s knowledge and belief. Upon approval by the Board of the
statement and its certification to the Commissioner of Finance and Management, the
State Treasurer shall issue a warrant to pay the State’s portion of the cost in accordance
with the order of the Board. (Added 1966, No. 4 (Sp. Sess.), eff. Feb. 17, 1966; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 172 (Adj. Sess.), § 55.)
§ 3586. Obstructing crossings; penalty
A person, corporation, or the agents or employees thereof, owning or operating a railroad,
who willfully or negligently obstruct a public highway or farm crossing with engines,
tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.
§ 3587. Obstructing crossing more than five minutes; penalty; exemption
(a) When a railroad crosses a highway or road required for farm use at rail level, the
company operating such railroad shall not, nor shall its officer, agent, or employees
permit an engine or railroad car, or any portion thereof, to stand on any part of
such highway or road for a longer period than five minutes at any one time, or in
shunting, to obstruct public traffic for a longer period than five minutes at any
one time. A person or corporation violating the provisions of this section shall be
fined not more than $50.00 nor less than $5.00.
(b) The provisions of this section shall not apply to:
(1) any grade crossings now existing or subsequently established over the line of railroad
extending through the city of Rutland between the River Street underpass and the Pine
Street overpass; and
(2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad
and the class 4 town highway known as Gagnon Road (town highway #12). (Amended 1993, No. 211 (Adj. Sess.), § 22, eff. June 17, 1994; 2005, No. 175 (Adj. Sess.), § 19; 2021, No. 105 (Adj. Sess.), § 34, eff. July 1, 2022.)
§ 3588. Nuisance on highway; penalty
A person or corporation owning or operating a railroad or the agents or employees
thereof, shall not allow a handcar or other nuisance to be left on the railroad track
or at the side of such track within the bounds of a highway crossed by such railroad.
An agent or employee of a railroad corporation who violates the provisions of this
section shall be fined not more than $20.00 nor less than $5.00.
§ 3589. Liability for neglect
A person or corporation that violates the provisions of section 3588 of this title shall be liable for all injuries and damages occasioned by reason of a horse or team
becoming frightened thereby, to be recovered in an action on this statute, brought
by the party injured or damaged.
§ 3590. Obstructing sight of cars at crossing; penalty
A person who leaves wood, lumber, or other material on the line of a railroad or highway,
at or near the crossing of a highway, so as to prevent or obstruct the sight of cars
when approaching the crossing, shall be fined not more than $50.00 nor less than $5.00.
§ 3591. Nonremoval after notice; penalty
A person who does not remove such obstruction after notice from one or more of the
selectboard members or from a police officer of the town in which the crossing is
situated shall be fined not more than $50.00 nor less than $5.00 for every 24 hours
such obstruction remains thereafter.
§ 3592. Agency approval
Notwithstanding the provisions of this chapter allocating certain costs to the State
or permitting the Transportation Board to make such allocations, no claim for reimbursement
of the State’s share of any work may be asserted against the State unless the Secretary
of Transportation, prior to commencement of the work for which reimbursement is sought,
certified in writing that appropriated funds were available to pay the State’s share. (Added 1989, No. 246 (Adj. Sess.), § 26.)
§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces
(a) Definitions. As used in this section:
(1) “Public rail-highway crossings” means at-grade crossings determined by the Agency
to be active public crossings. Public crossings shall not include crossings on railroad
lines that have been abandoned or embargoed.
(2) “Active warning devices” means flashing lights, signals, automatic gates, or manually
operated gates.
(b) Reimbursement. To the extent funds are appropriated for this purpose by the General Assembly, the
Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each
public rail-highway crossing equipped with flashing light signals and $2,500.00 annually
for the maintenance of each crossing equipped with automatic or manually-operated
gates. Any reimbursement under this subsection shall be reduced by any amount that
a municipality or some other third party is separately required to contribute to the
railroad’s cost of maintaining active warning devices at a public rail-highway crossing,
whether because of some contractual obligation or because of a regulatory order entered
by the Transportation Board or one of its predecessor agencies.
(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad’s performing inspection
and maintenance of active warning devices in accordance with regulations promulgated
by the Federal Railroad Administration.
(d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, replacement, and installation
of highway surfaces at public rail-highway crossings.
(e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into special agreements to reimburse
a railroad for inspecting and maintaining signals and related equipment at crossings
that have been specially designated as “quiet zones” pursuant to section 3582 of this title.
(f) Rulemaking. The Secretary may adopt rules to implement this program. (Added 1999, No. 18, § 8, eff. May 13, 1999; amended 2021, No. 105 (Adj. Sess.), § 35, eff. July 1, 2022.)
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Subchapter 003: CROSSING OR CONNECTING WITH ANOTHER RAILROAD
§ 3612. Railroads may cross or unite; compensation, points, and manner
A railroad corporation may cross or unite its railroad with any other railroad at
any point in its route and upon the grounds of such other railroad corporation, with
necessary turnouts, sidings, switches, and other conveniences. If the two corporations
cannot agree upon the amount of compensation to be made or the points and manner of
such crossings and connections, the same shall be determined by the Transportation
Board on petition, service, and hearing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 56; 2021, No. 105 (Adj. Sess.), § 36, eff. July 1, 2022.)
§ 3613. Foreign corporations holding real estate
A foreign railroad corporation connecting at the line of this State with a domestic
railroad corporation may acquire and hold in this State such real estate as it may
find necessary, and may make such improvements thereon as shall enable it satisfactorily,
to make such connection with the railroad in this State and may construct and maintain
all necessary sidings, engine houses, car houses, turntables, and other necessary
structures and appliances for terminal purposes as shall be required for the operation
of its railroad. (Amended 2023, No. 6, § 32, eff. July 1, 2023.)
§ 3614. Terms of business between connecting roads
When a railroad enters upon, intersects, or connects with another railroad, the managers
of each of such connecting roads shall furnish to the other reasonable terms of connection,
accommodations, privileges, and facilities, in the reception, transportation, and
delivery of cars, passengers, baggage, and freight, to and from each of such connecting
roads, according to the usual course of railroad business, including the sale and
reception of passenger tickets and checking of baggage, and shall receive and transport
such cars, passengers, baggage, and freight at reasonable times and on reasonable
terms.
§ 3615. Terms with two competing roads that intersect
When a railroad is intersected by two or more railroads that are competing lines for
business to or from the road so intersected, the managers of the road shall transport
cars, passengers, baggage, and freight to and from each of the intersecting roads
on the same terms and shall not establish rules, regulations, or terms of connection
that will give to either of the competing roads an unreasonable advantage over the
other. If the managers of the roads cannot agree upon any of the terms, the same,
on petition, notice, and hearing, shall be determined by the Transportation Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 37, eff. July 1, 2022.)
§ 3616. Repealed. 2023, No. 62, § 42, eff. July 1, 2023.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 38, eff. July 1, 2022; repealed by 2023, No. 62, § 42(a), eff. July 1, 2023.)
§ 3617. Making competing road a party
A competing road interested in the time or times of such connections, or in the rules
and regulations governing the same, may be made a party to such petition and hearing
or may bring an independent petition to have the time, times, rules, or regulations
changed or modified. The Board, on due service and hearing, may make such changes
or modifications as are required for the accommodation, convenience, and safety of
the public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
§ 3618. Intersection of railroads; stopping trains
All trains or engines run upon a railroad in this State that intersects or crosses
or is intersected or crossed by another railroad upon the same level shall be brought
to a full stop and the whistle sounded at a distance of not less than 100 feet nor
more than 1,000 feet from the point of intersection or crossing before such intersection
or crossing is passed by such train or engine. The full stop and crossing on signal,
with the approval of the Transportation Board, may be discontinued if an interlocking
switch and signal apparatus is adopted, installed, and put in operation by such railroads
at such crossing or intersection of two railroads. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 58.)
§ 3619. Penalty
An engineer who violates a provision of section 3618 of this title shall be fined $100.00, and the corporation on whose road the offense is committed
shall be fined the further sum of $300.00.
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Subchapter 004: FARM CROSSINGS, CATTLE GUARDS, FENCES, AND WATERCOURSES
§ 3639. Farm crossings and cattle guards; construction and maintenance; judicial review
(a) A person owning or operating a railroad shall construct and maintain farm crossings
of the road for the use of the proprietors of lands adjoining the railroad, and cattle
guards at all farm and road crossings sufficient to prevent cattle and animals from
getting on the railroad. A farm crossing may be temporarily or permanently closed
or discontinued by mutual agreement between all parties having an interest in the
farm crossing. If no mutual agreement can be reached by such interested parties, then
a person owning or operating a railroad and desiring to close any farm crossing shall
make application to the Transportation Board. The Board shall give notice to all interested
parties, in the manner as the Board may direct, of the hearing on the application,
the hearing to be in the county where the crossing is located. After the hearing,
a person owning or operating a railroad shall not close such farm crossing without
the approval of the Transportation Board. A person aggrieved by the closing of a farm
crossing after January 1, 1955 by a person owning or operating a railroad may notify
the Transportation Board of the closing by registered or certified mail, and upon
receipt the Board shall conduct a hearing. Notice and place of hearing shall be as
set forth in this subsection. The Transportation Board may require the reopening of
any such crossing and make other order as is permitted in section 3649 of this title. At any hearing, the burden of proof shall rest with the person or persons effecting
or seeking to effect the closing of a farm crossing. Any person aggrieved by the final
order of the Transportation Board, who was a party to the proceedings, may seek judicial
review pursuant to 19 V.S.A. § 5(c).
(b) A person closing any farm crossing in violation of a provision of this section or
failing to comply with any such order shall be fined not less than $50.00 nor more
than $500.00, and any person aggrieved by such violation may recover the person’s
damages in an action on this statute. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 59; 2017, No. 113 (Adj. Sess.), § 12; 2019, No. 14, § 6, eff. April 30, 2019; 2021, No. 105 (Adj. Sess.), § 39, eff. July 1, 2022; 2021, No. 184 (Adj. Sess.), § 32, eff. July 1, 2022.)
§ 3640. Board; party disagreement
When the parties cannot agree upon the plan, manner, or number of the farm crossings,
the same shall be determined by the Transportation Board on petition and after a public
hearing. However, if the cost of such farm crossings exceeds the value of the land
to be accommodated thereby, the Board need not order such crossings to be made, but
shall award reasonable damages in lieu thereof. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 60; 2023, No. 6, § 33, eff. July 1, 2023.)
§ 3641. Cattle guards at highway crossings
The provisions of law relieving parties owning property adjoining a highway from maintaining
fences along the line of such highway shall not be held to relieve persons owning
or operating a railroad from maintaining cattle guards at points where such railroad
crosses a highway at grade.
§ 3642. Fences; construction and maintenance
(a) A person or corporation owning or operating a railroad shall construct and maintain
on the sides of its road, when completed and in running order, a good and sufficient
fence, along land of an operating farm adjacent to the railroad.
(b) Whenever the owner or occupant desires to pasture livestock on land adjacent to the
railroad not then used for pasturing livestock and desires the railroad to erect the
portion of the fence next to the tracks, he or she shall fence the portion of that
land that is not adjacent to the railroad, and the railroad shall construct the portion
of the fence adjacent to its tracks within five days of notice to it from the owner
or occupant that his or her portion of the fence has been completed and shall maintain
that fence so long as the adjacent land is used for pasturing livestock. (Amended 1977, No. 139 (Adj. Sess.), § 1, eff. March 24, 1978.)
§ 3643. Neglect; proceedings
When a person or corporation owning or operating a railroad does not construct and
maintain a fence as required by this chapter, any person aggrieved may construct it.
The selectboard members of the town in which the same is located shall appraise the
value thereof, and the person or railroad corporation shall pay the amount so awarded
by the selectboard members to the person so aggrieved. On failure of the person or
corporation to pay the amount so awarded, the person so constructing such fence may
recover the same in an action on this statute. Such a person or railroad corporation
shall not be required to build such fence while the ground is frozen.
§ 3644. Construction of fence when landowner is to keep it
The provisions requiring a person or corporation owning or operating a railroad to
construct and maintain fences shall not apply when such person or corporation has
settled with and paid the landowner for building and maintaining such fence. When
a landowner thus paid for keeping such fence in repair neglects so to do, the person
or corporation owning or operating such railroad may make the repairs and recover
the necessary expense thereof of such landowner or his or her grantee.
§ 3645. Damage to animals on railroad
Until fences and cattle guards are duly made, such person or corporation and their
agents shall be liable for the damages done by agents or engines to cattle, horses,
or other animals thereon if occasioned by want of such fences and cattle guards. After
such fences and guards are made, the person or corporation shall not be liable for
such damages unless negligently or willfully done.
§ 3646. Driving animals or vehicle within fences on railroad; damages; penalty
A person who rides, leads, or drives a horse or other animal or operates a motor vehicle
or a snowmobile upon a railroad, and within such fences and guards, other than at
road and farm crossings, without the consent of the corporation shall forfeit not
more than $50.00 to be recovered by the corporation in an action on this statute and
shall also pay the damages sustained thereby to the party aggrieved. (Amended 1967, No. 341 (Adj. Sess.), § 13.)
§ 3647. Allowing animal to be at large in roadway; damages; penalty
When a horse or other beast is found going at large within the limits of a railroad
after the same is opened for use, the person through whose fault or negligence such
horse or other beast is so at large shall forfeit not more than $20.00 for every horse
or other beast so found going at large and shall be liable for the damages thereby
sustained by any person, such forfeiture and damages to be recovered in an action
on this statute.
§ 3648. Complaint regarding fences, guards, crossings, watercourses
A person through whose land a railroad passes, after such road is in operation, and
after 10 days’ notice by registered or certified letter addressed to the principal
office of such railroad, may make complaint in writing to the Transportation Board
that he or she is aggrieved by the neglect or default of a railroad corporation in
constructing or maintaining fences, cattle guards, or farm crossings that the corporation
is bound to construct or maintain, or by its stopping, impeding, or altering a watercourse,
or by its making or stopping a ditch. The Board shall give reasonable notice to the
petitioner and to the railroad corporation and to any other parties having an interest
in the subject matter of the complaint of the time and place of hearing thereon, and
such notice shall be given by registered or certified mail or by personal delivery. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 61.)
§ 3649. Order of Board
After hearing, the Board may make a written order requiring the corporation to construct
or maintain in good repair such fence, cattle guard, or farm crossing, or to make
or alter such watercourse or ditch, or to remove such impediment to the same, within
such time as it may fix. Such corporation shall not be required to open a ditch while
the ground is frozen, nor to alter the natural course of or do any act in regard to
a watercourse that it is not legally bound to do, nor to comply with such order until
10 days after being served with a copy thereof. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
§ 3650. Penalty
Unless the Board has extended the time for cause shown, a railroad corporation failing
to comply with such order for more than 20 days after the time fixed by the Board
shall be fined not more than $25.00 for each day’s failure. The corporation shall
be further liable to the party aggrieved for the damages the party sustains in consequence
of the failure. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 40, eff. July 1, 2022.)
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Subchapter 007: OPERATING RAILROADS
§ 3720. Repealed. 1995, No. 183 (Adj. Sess.), § 9b, eff. May 22, 1996.
§ 3721. Badges
A conductor, baggage master, engineer, brakeman, or other servant of a railroad corporation
employed in a passenger train or at stations for passengers shall wear upon his or
her hat or cap a badge, which shall indicate his or her office, and the initial letters
of the name of the corporation by which he or she is employed. An officer without
such badge shall not demand or be entitled to receive from any passenger any fare,
toll, or ticket; or interfere with a passenger or his or her baggage or property;
or exercise any of the powers of his or her office.
§ 3722. Baggage checks
Baggage masters and station agents on railroads shall give checks, when requested
so to do, to the owners of baggage who hold tickets, when delivered to them for the
transportation from station to station. Such checks shall be returned to the baggage
master or station agent when he or she delivers the baggage to the owner. A person
or corporation operating a railroad whose officers or employees do not comply with
the requirements of this section shall be fined $10.00 and shall also be liable for
damages that accrue in consequence thereof.
§ 3723. Ejectment of passenger from train
When a passenger in a train refuses to pay his or her fare or toll or to comply with
the reasonable regulations of the corporation for the government of passengers, or
is disorderly or intoxicated, the conductor of the train and the employees of the
corporation may put him or her out of the cars at the nearest regular station on such
railroad, causing the train to be stopped for that purpose. Conductors, agents, employees,
or other officials of a railroad corporation shall not forcibly eject or cause to
be ejected or put out of a train any passenger for nonpayment of fare or for being
disorderly or intoxicated, except at a regular station on such railroad.
§ 3724. Liability for damages
A person or corporation running trains on any railroad in this State and the conductors,
agents, employees, or other officers of such railroad shall be responsible for all
injury and damage to persons or property arising by reason of noncompliance with or
a violation of the requirements of section 3723 of this title, to be recovered in an action on this statute.
§ 3725. Refusal to pay fare; penalty
A person entering as a passenger upon a railroad train and refusing to pay his or
her fare shall be fined not more than $20.00 nor less than $2.00.
§ 3726. Running out of time; penalty
A conductor, engineer, or other person having the control of an engine or train of
cars who runs such engine or train of cars or allows the same to be run upon a section
of railroad at the time designated for any other engine or train of cars to run upon
such section in an opposite direction without notice and authorization from the conductor,
engineer, train dispatcher, or other person having control of the movement of the
last mentioned engine or train of cars shall be fined not more than $1,000.00 nor
less than $100.00.
§ 3727. Only company’s engines to be run on road; penalty
A locomotive, engine, or other power shall not run upon a railroad, except those that
belong to and are controlled by the person owning and managing the road, unless by
the person’s consent. An engineer or other person violating the provisions of this
section shall be liable to the person owning and managing the road for the damages
sustained due to the violation and shall be fined not more than $500.00. If a collision
of trains results from the violation of this section and an individual is killed,
the engineer or other person shall be guilty of manslaughter. This section shall not
be enforced when it conflicts with the charter of a railroad corporation organized
under the laws of this State. (Amended 2021, No. 105 (Adj. Sess.), § 41, eff. July 1, 2022.)
§ 3728. Employ of person using alcohol; penalty; damages
When a railroad corporation employs or retains in its service a conductor, engineer,
brakeman, switchman, semaphore operator or other signalman, train dispatcher, or telegraph
operator who receives train orders who uses alcohol as a beverage, such fact being
known to the president, superintendent, or any of the directors of such road, such
corporation shall be fined not more than $3,000.00 nor less than $300.00. Such corporation
shall also be liable for the damages that a person sustains by the employment or retention
of such employee. (Amended 2017, No. 83, § 161(1).)
§ 3729. Use of alcohol by employee; penalty
A person named in section 3728 of this title who, while in control of the movement of an engine, train, electric car, or semaphore
or while engaged in the discharge of any duty relating to his or her employment, is
intoxicated shall be imprisoned not more than one year or fined not more than $500.00,
or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 161(1).)
§ 3730. Negligence of employee; penalty
An engineer, fireman, or other agent of a railroad who is guilty of negligence or
carelessness that causes an injury to a person shall be imprisoned not more than one
year or fined not more than $1,000.00, or both. This section shall not exempt a person
from an action for damages. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2021, No. 105 (Adj. Sess.), § 42, eff. July 1, 2022.)
§ 3731. Property held for injuries on road
When the property or person of another is injured through the default of a person
or corporation owning or operating a railroad, or the agents or employees thereof,
the cars, engines, and other property that, at the time of such injury, are subject
to use in the running and management of such road and that have, at any time, been
owned by such person or corporation, shall be held to be the property of the person
or corporation for the purpose of furnishing indemnity for such injury and may be
attached and levied upon as such at the action of the party injured.
§ 3732. Damages for fire communicated by engine
A person or corporation owning or operating a railroad shall be responsible in damages
for injury to a building or other property caused by fire communicated by a locomotive
engine on such road unless due caution and diligence are used and suitable expedients
employed to prevent such injury. The person or corporation shall have an insurable
interest in the property along its route and may procure insurance thereon.
§ 3733. Repealed. 2007, No. 164 (Adj. Sess.), § 47.
§ 3734. Trespass on railroad property; penalty
(a) Definitions. As used in this section:
(1) “Passenger” means a person traveling by train with lawful authority and who does not
participate in the train’s operation. The term “passenger” does not include a stowaway.
(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or
electromagnetic guideways. “Railroad” does not include rapid transit operations in
an urban area that are not connected to the general railroad system of transportation.
(3) “Railroad carrier” means a person providing railroad transportation.
(4)(A) “Railroad property” means the following property owned, leased, or operated by a railroad
carrier or used in its rail operations:
(i) a right-of-way, track, yard, station, shed, or depot;
(ii) a train, locomotive, engine, car, work equipment, rolling stock, or safety device;
and
(iii) a “railroad structure,” which means a bridge, tunnel, viaduct, trestle, culvert, abutment,
communication tower, or signal equipment.
(B) “Railroad property” does not include inactive railroad property of the Twin State
Railroad.
(5) “Right-of-way” means the track and roadbed owned, leased, or operated by a railroad
carrier and property located on either side of the tracks that is readily recognizable
to a reasonable person as being railroad property or is reasonably identified as such
by fencing or appropriate signs.
(6) “Yard” means a system of parallel tracks, crossovers, and switches where railroad
cars are switched and made up into trains and where railroad cars, locomotives, and
other rolling stock are kept when not in use or when awaiting repairs.
(b) Trespassing on railroad property prohibited. Except for the purpose of crossing railroad property at a public highway or other
authorized crossing, a person shall not, without lawful authority or the railroad
carrier’s written permission, knowingly enter or remain upon railroad property by
an act including:
(1) standing, sitting, resting, walking, jogging, or running, or operating a recreational
or nonrecreational vehicle, including a bicycle, motorcycle, snowmobile, car, or truck;
or
(2) engaging in recreational activity, including bicycling, hiking, camping, or cross-country
skiing.
(c) Stowaways prohibited. A person shall not, without lawful authority or the railroad carrier’s written permission,
ride on the outside of a train or inside a passenger car, locomotive, or freight car,
including a box car, flatbed, or container.
(d) Persons not subject to ticketing. The following is a nonexhaustive list of persons who, for the purposes of this section,
are not subject to ticketing for trespass under subsections (b) and (c) of this section:
(1) passengers on trains or employees of a railroad carrier while engaged in the performance
of their official duties;
(2) police officers, firefighters, peace officers, and emergency response personnel, while
engaged in the performance of their official duties;
(3) a person going upon railroad property in an emergency to rescue from harm a person
or animal such as livestock, pets, or wildlife, or to remove an object that the person
reasonably believes to pose an imminent hazard;
(4) a person on the station grounds or in the depot of the railroad carrier as a passenger
or for the purpose of transacting lawful business;
(5) a person, or the person’s family or invitee, or the person’s employee or independent
contractor going upon a railroad’s right-of-way for the purpose of crossing at a private
crossing site approved by the railroad carrier or authorized by law in order to obtain
access to land that the person owns, leases, or operates;
(6) a person who has permission from the owner, lessee, or operator of land served by
a private crossing site approved by the railroad carrier or authorized by law, to
use the crossing for recreational purposes and who enters upon the crossing for such
purposes;
(7) a person having written permission from the railroad carrier to go upon the railroad
property in question;
(8) representatives of the Transportation Board or Agency of Transportation while engaged
in the performance of their official duties;
(9) representatives of the Federal Railroad Administration while engaged in the performance
of their official duties;
(10) representatives of the National Transportation Safety Board while engaged in the performance
of their official duties; or
(11) a person who enters or remains in a railroad right-of-way, but not within a rail yard
or on a railroad structure, while lawfully engaged in hunting, fishing, or trapping;
however, a person shall not be exempt from ticketing under this subdivision if he
or she enters within an area extending eight feet outward from either side of the
rail and within the rail unless he or she crosses and leaves this area quickly, safely,
and at an angle of approximately 90 degrees to the direction of the rail.
(e) Rights, duties unaffected. Nothing in this section is intended to modify the rights, duties, liabilities, or
defenses available to any person under any other law or under a license or agreement.
(f) Penalty. A violation of this section is a traffic violation as defined in 23 V.S.A. chapter
24 and an action under this section shall be brought in accordance with 4 V.S.A. chapter
29. A person who violates this section shall be subject to a civil penalty of not
more than $200.00. (Amended 2015, No. 158 (Adj. Sess.), § 15.)
§ 3735. Repealed. 2015, No. 158 (Adj. Sess.), § 16.