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23 §7221. Automatic signals; expense; definition

§7221. Automatic signals; expense; definition The department may require each railroad company operating within this State to install, operate and maintain an automatic signal, gates or other protective device or to require a flagger to be stationed at any highway crossing within this State where, after reasonable notice and hearing, the department decides that public […]

23 §7222. Crossings designated

§7222. Crossings designated The Department of Transportation shall designate by general orders, which may be issued without formal notice or hearing, the grade crossings in this State at which, from all points on the highway or other way within 300 feet of these crossings, and on either side of the crossings, measured along the highway […]

23 §7223. Obstructions ordered removed; notice

§7223. Obstructions ordered removed; notice At every crossing of a highway or other way, except state and state aid highways and a railroad at grade, the municipal officers of the town or unorganized place in which the crossing is located are authorized and required on order of the Department of Transportation to remove embankments and […]

23 §7224. Expense of removal paid by municipality; partial state reimbursement

§7224. Expense of removal paid by municipality; partial state reimbursement Within a time as the Department of Transportation by order directs, the municipal officers or county commissioners shall cause the bushes to be cut down and removed, or chemically treated, and shall cause the trees, fences, signboards or other encroachments to be trimmed, cut down […]

23 §7225. Damages; municipality and State to share

§7225. Damages; municipality and State to share If any person claims damages on account of any such act done under sections 7223 and 7224, the person may, within 2 years after the doing of any act, petition the Department of Transportation to assess damages and the department, after reasonable notice to the petitioner and to […]

23 §7226. Buildings not removed without owner’s consent

§7226. Buildings not removed without owner’s consent Nothing contained in sections 7222 to 7225 authorizes the removal of any building without the consent of the owner.   [PL 1989, c. 398, §8 (NEW).] SECTION HISTORY PL 1989, c. 398, §8 (NEW).

23 §7227. Applicability to all railroads

§7227. Applicability to all railroads Except where otherwise expressly specified, sections 7221 to 7226 and section 7228 apply to all railroads operated by steam, electric, diesel-electric, diesel-motor, gasoline-electric or gasoline-motor power and engaged in the transportation of freight or passengers in standard railroad freight or passenger cars.   [PL 1989, c. 398, §8 (NEW).] SECTION […]

23 §7228. Railroad company may enter private property

§7228. Railroad company may enter private property For the purpose of creating and maintaining the fair view mentioned in sections 7221 to 7227 or for the purpose of improving the view at one or more angles, any steam railroad company subject to this chapter may enter on private property and remove any embankment or other […]

23 §7229. Maintenance charges for private crossings

§7229. Maintenance charges for private crossings In a municipality in which a private way is crossed by a railroad crossing, the municipal officers may act as agents for a railroad corporation in collecting maintenance and insurance charges from those persons using that crossing. Nothing in this section may authorize a municipality to assess or levy […]

23 §7230. Partial reimbursement of cost

§7230. Partial reimbursement of cost The State, by or through the Department of Transportation, may reimburse railroad corporations for up to 50% of their annual cost of maintaining public at-grade railroad crossings and crossing protection devices. These crossing protection devices shall include signals, gates, crossbucks and grade separation bridges carrying highways over railroad lines. The […]

23 §7231. Petition; damages; expenses; temporary ways

§7231. Petition; damages; expenses; temporary ways The municipal officers in instances of town ways crossing or crossed by a railroad, whether the crossing be at grade or otherwise, or any railroad corporation may petition the Department of Transportation alleging that public safety or public convenience either to the traveling public or in the operation of […]

23 §7232. Tracks of more than one railroad

§7232. Tracks of more than one railroad Whenever the Department of Transportation, on an application or petition brought under section 7231, finds that a public way crosses or is crossed by tracks of more than one railroad and the tracks of the railroads are so near together that public safety or convenience requires the work […]

23 §7233. Order of Department of Transportation; appeals

§7233. Order of Department of Transportation; appeals The order of the Department of Transportation relating to any matter on which the department may act under the authority of sections 7231 and 7232 shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on the petition was given. […]

23 §7234. Trees near railroad crossings

§7234. Trees near railroad crossings Whenever the Department of Transportation deems that trees, bushes or other encroachments within the limits of a public way obstruct the view at railroad crossings or where one public way enters another and thereby renders the way dangerous to travelers, it shall cause the removal of the obstructions.   [PL […]