The Vermont Statutes Online

Title 5: Aeronautics and Surface Transportation Generally

Chapter 070: Grade Crossings

• § 3783. Alteration, petition for; hearings

  The selectboard of a town within which a public highway crosses or is crossed by a railroad, or the general manager or attorney of a railroad corporation whose road crosses or is crossed by a public highway, may bring their petition in writing to the Transportation Board alleging that public safety requires an alteration in the crossing, its approaches, the method of crossing, the location of the public highway, the elimination of the crossing, the closing of the public highway crossing and the substitution of another crossing not at grade, or the removal of obstructions to the sight at the crossing, and praying that the same may be ordered, or proceedings may be instituted by the Agency of Transportation or the Board of its own motion and without petition. The Board shall appoint a time and place for hearing the petition on notice of not less than 10 days to the petitioners, the railroad, the municipality in which the crossing is situated, the owners of the land adjoining the crossing, and adjoining that part of the highway to be changed in grade, and to the Attorney General, who shall, as the Attorney General or through the State’s Attorney of the county where the crossing is located, represent the interests of the State at the hearing. After notice and the hearing, the Board shall determine what alterations, changes, or removals, if any, shall be made and by whom. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 63; 2021, No. 105 (Adj. Sess.), § 43, eff. July 1, 2022.)

• § 3784. Grade crossings; alteration; expense apportionment

  The Board shall direct that the expense of any alterations, changes, or removals referred to in sections 3783 and 3785 of this title, including the damages to any person whose land is taken, and the special damages that the owner of land adjoining the public highway shall sustain by reason of any change in the grade of the highway be paid in whole or in part by the State and the corporation owning or operating the railroad that crosses the public highway on the basis of benefits received by the public and the corporation respectively. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 4, eff. Aug. 1, 1961; 1969, No. 76, § 9.)

• § 3785. Alterations, crossings; order by Transportation Board

  When the Transportation Board, in the absence of any application, is of the opinion that the public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one corporation, or an alteration in lands or buildings on land adjoining or near the highway at or near such crossing in order to afford proper view from the approaches to the crossing, in each direction, of the track or tracks of the railroad or railroads, after hearing had on notice of not less than 10 days to the corporation or corporations owning or operating the railroad or railroads, to the selectboard of the town within which the highway is situated, to the owners of the land adjoining the crossing and the owners of the land or buildings on the adjoining land, or near such highway as may be required for or materially affected by a proposed alteration, and to the Attorney General, who, as the Attorney General or through the State’s Attorney of the county in which the crossing is located shall represent the interests of the State, it may order alterations in the highway, and the removal of obstructions to the view in each direction of the tracks of the railroads, as it deems best, and shall determine and direct by whom, at whose expense and within what time alterations and removals shall be made. (Amended 1959, No. 329 (Adj. Sess.), 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 64; 2021, No. 105 (Adj. Sess.), § 44, eff. July 1, 2022.)

• § 3786. Tracks of more than one railroad

  When, upon an application or petition brought under the provisions of section 3783 of this title, the Board finds that a public highway crosses or is crossed by the tracks of more than one railroad and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, it shall give notice to all the corporations operating such railroads to appear before it and be heard upon the application. After such notice and hearing, the Board shall determine what alterations shall be made, if any, so as to separate the grades of all such crossings at the same time and shall determine by whom such work shall be done and shall apportion the expense to be borne by the railroad corporations between such corporations in such manner as the Board deems just and proper. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

• § 3787. Taking of land; proceedings

  When a railroad corporation, a town, or any other party is ordered to do the requisite work in the alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the view near such crossing and it is necessary to take land to carry out such order, the party ordered to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of such land or his or her agent. Whereupon, in case the owner of such land and the parties ordered to do the work cannot agree on the price of the land and the damage to the owners resulting from such taking, either party in interest may make written application to the Board. After hearing had, on notice of not less than 10 days to the same parties for whom notice is provided in section 3785 of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so adjudged, shall appraise the same and award such damages for the taking thereof as are just. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

• § 3788. Orders of Board; judicial review

  The order of the Board relating to any matter upon which it may act under the authority of this chapter shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on such petition was given. Any person aggrieved by such order, who was a party to such proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c). (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 65; 2021, No. 184 (Adj. Sess.), § 33, eff. July 1, 2022.)

• § 3789. Record of changes

  The Transportation Board shall cause all orders made by it under the provisions of this chapter directing the alteration or relocation of a public highway to be recorded in the office of the town clerk where such public highway so altered or relocated is situated before such highway shall be opened for use by the public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 66.)

• § 3790. 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.), § 29.)