The Vermont Statutes Online
Title 5 : Aeronautics and Surface Transportation Generally
Chapter 068 : CONSTRUCTION AND OPERATION OF THE ROAD
Subchapter 004 : FARM CROSSINGS, CATTLE GUARDS, FENCES, AND WATERCOURSES(Cite as: 5 V.S.A. § 3639)
§ 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.)