The Vermont Statutes Online

Title 5 : 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 that 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 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 incurred expenses shall constitute a debt due the State upon the rendering of an account for all incurred expenses 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; 2021, No. 105 (Adj. Sess.), § 25, eff. July 1, 2022.)