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23 §6001. Land bought or taken

§6001. Land bought or taken A railroad corporation, for the location, construction, repair and convenient use of its road, may purchase or take and hold, as for public uses, land and all materials in and upon it. Through woodland and forest the land so taken shall not exceed 6 rods in width unless necessary for […]

23 §6002. Land for improvements; proceedings

§6002. Land for improvements; proceedings Any railroad corporation may purchase or take and hold, as for public uses, additional land or rights in land, at any time required for improving the alignment or grades of its road, for double tracking its road, for protecting the tracks against erosion of adjoining or adjacent land or against […]

23 §6003. Change in location

§6003. Change in location Any railroad corporation may make any changes in the location of its road which it deems necessary or expedient and the changes shall be recorded where the original location was required by law to be recorded.   [PL 1987, c. 141, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 141, […]

23 §6004. Land taken for change

§6004. Land taken for change Any railroad corporation may purchase, or take and hold as for public uses, land and materials necessary for making any changes authorized by section 6003, in the manner authorized by its charter or the general provisions of law and may cross highways and town ways in accordance with the law […]

23 §6005. Limitation of right to enter or take land

§6005. Limitation of right to enter or take land The land taken shall not be entered upon, except to make surveys, before the location has been filed and the damages estimated and secured as provided. No railroad corporation may take, without consent of the owners, meetinghouses, dwelling houses or public or private burying grounds.   […]

23 §6006. Branch tracks

§6006. Branch tracks Any railroad corporation may locate, construct and maintain branch railroad tracks to any railroad station of another corporation or to connect with another railroad or to any mills, mines, quarries, gravel pits, log landing or yard, warehouses and storehouses, airports, piers, docks, shipyards, educational institutions or manufacturing establishments erected, or in process […]

23 §6007. Estimate of damages; guardian; security for costs

§6007. Estimate of damages; guardian; security for costs For real estate taken pursuant to section 6002, the owners are entitled to damages to be paid by the corporation. The corporation shall attempt to settle the amount of damages, with the consent of the owners, within 60 days from the date of the taking. If all […]

23 §6008. Petitions for assessment of damages

§6008. Petitions for assessment of damages In all cases of petition to the commissioners of any county praying for the assessment of damages on account of any railroad corporation having taken lands in the county, the notice to the adverse party of the time and place of the hearing shall be a personal notice of […]

23 §6009. Cattle guards and passes; double damages

§6009. Cattle guards and passes; double damages The county commissioners shall order the corporation to make and maintain such cattle guards, cattle passes and farm crossings as they think reasonable and prescribe the time and manner of making them and consider this work in awarding pecuniary damages. If the corporation after 48 hours’ notice in […]

23 §6010. Award of damages; terms and conditions

§6010. Award of damages; terms and conditions The county commissioners in awarding damages for land or other property taken by any railroad company may, on the application of the railroad company, prescribe such terms and conditions, in all respects, for the use of the land or property taken, by the owners of the land or […]

23 §6011. Commissioners’ report of damages and rights of parties; notice

§6011. Commissioners’ report of damages and rights of parties; notice The county commissioners shall at a regular session make a report of their general estimate of damages, stating specifically the terms and conditions imposed by them, the rights and obligations of each party and the elements of damage as provided for land taken for highway […]

23 §6012. Appeals; notice and proceedings

§6012. Appeals; notice and proceedings Any person, aggrieved by the decision or judgment of the county commissioners in relation to damages for land taken for railroad purposes, may appeal to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the commissioners is made, […]

23 §6013. Deposit of damages, interest and costs

§6013. Deposit of damages, interest and costs When the proceedings are closed, the corporation may deposit with the clerk the amount of damages, with interest from the time when the estimation was recorded, and legal costs, in full satisfaction therefor, unless a demand had been previously made and payment neglected.   [PL 1987, c. 141, […]

23 §6014. When damages not paid

§6014. When damages not paid When the damages remain unpaid for more than 30 days after they are due and demanded, equitable relief may be requested by the person entitled to them, praying for an injunction against the use or occupation of his land taken. If proceedings for an estimation of damages are not commenced […]

23 §6015. Service of process and notice

§6015. Service of process and notice Service of process and notice may be made as process is served in other actions. Service of an injunction issued against any person, whether a party to the action or not, may be made upon him and he shall be liable to all the penalties and consequences provided for […]

23 §6016. Breach of injunction

§6016. Breach of injunction The court may order persons violating the injunction, after service or using the land, to show cause at a time fixed, why a decree should not be entered and execution issued against them individually and their goods and estate, for the damages, interest, costs and for additional damages and costs for […]

23 §6017. Station grounds not to be taken by another company

§6017. Station grounds not to be taken by another company No railroad corporation may take the grounds occupied by any other railroad company and necessary for its use for station purposes, without its consent. When application is made to take those grounds, the Department of Transportation, upon notice and hearing, shall determine whether the land […]

23 §6018. Use of passenger stations

§6018. Use of passenger stations Whenever any railroad passenger station is erected or maintained in any city or town in this State, any railroad corporation having or using a track or passenger station within that city or town may run its passenger trains to and from the station, over any railroad track or tracks leading […]

23 §6019. Loitering about or soliciting passengers

§6019. Loitering about or soliciting passengers 1.  Loitering prohibited.  A person may not loiter or remain, without right, within any car or station house of a railroad corporation or upon the platform or grounds adjoining that station after being requested to leave by a railroad officer.   [PL 2003, c. 452, Pt. L, §10 (NEW); […]

23 §6020. Law posted

§6020. Law posted The officers of all railroad corporations shall cause a copy of section 6019 to be posted in a conspicuous place at the several stations along the line of their roads.   [PL 1987, c. 141, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 141, §A4 (NEW).