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USA Statutes : maine
Title : Title 23. HIGHWAYS
Chapter : Chapter 603. ORGANIZATION (HEADING. PL 1987, c. 141, Pt. A, @4 (new))
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Title 23 - §5071. Approval of location; proceedings
Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 603: ORGANIZATION (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
§5071. Approval of location; proceedings
Every corporation organized under this Title, former Title 13-A, Title 13-C or former Title 35, before commencing the construction
of its road, shall present to the Department of Transportation a petition for approval of location, defining its courses,
distances and boundaries accompanied with a map of the proposed route; with a profile of the line on the relative scales of
profile paper in common use; and with a report and estimate prepared by a skillful engineer from actual survey. The department
shall, on presentation of that petition, appoint a day for hearing and the petitioners shall give such notice as the department
deems reasonable and proper, in order that all persons interested may have an opportunity to appear and object. If the department,
after hearing the petition, approves the proposed location, the corporation may proceed with the construction, provided they
first file with the clerk of the county commissioners of each county through which the road passes a plan of the location
of the road, defining its courses, distances and boundaries, and a copy of the plan with the department. The location filed
may not vary, except to avoid expense of construction, from the route first presented to the department. The location, together
with any variation made in that location, must be filed within 2 years from the time when the articles of incorporation are
filed in the office of the Secretary of State. The Department of Transportation, upon written application, may extend the
time of filing the variations in its discretion. No railroad may be made across tide waters where vessels can navigate without
first obtaining special permission of the Legislature.
[RR 2001, c. 2, Pt. B, §40 (cor); §58 (aff).]
div>
To carry out its directive to ensure the development and maintenance of safe, efficient and reliable rail transportation,
the Department of Transportation may locate and construct railroad lines. The department shall give notice of the location
of each such railroad line by publishing a description of the location in a newspaper of general circulation in each county
through which the line passes. Before commencing construction, the department shall set a day and time for hearing so that
all interested persons have an opportunity to appear. If the department, after hearing, determines to proceed with the construction
of the railroad line, the department shall file with the registry of deeds of each affected county a plan of the location
of the line defining its course, distance and boundaries. This plan must be kept on file and available to the public at the
department's office in Augusta. For the purpose of locating and constructing railroad lines, the department may acquire all
necessary property interests through purchase, lease, or condemnation pursuant to section 154.
[2001, c. 74, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 23 - §5072. Location; subscribers' objections; proceedings
Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 603: ORGANIZATION (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
§5072. Location; subscribers' objections; proceedings
The railroad shall be located within the time and substantially according to the description of its charter and the location
shall be filed with the county commissioners, who shall endorse the time of filing thereon and order that location recorded.
When a corporation, by its first location, fails to acquire the land actually embraced in its roadway, or the location as
recorded is defective or uncertain, it may, at any time, correct and perfect its location and file a new description. In that
case, it is liable in damages, by reason of the new or amended location, only for land embraced therein for which the owner
had not previously been paid. Railroad charters, whenever granted, limiting the time within which the railroad must be completed
do not affect the portion completed within that time and all charters under which railroads have been constructed for a portion
of the line authorized are confirmed and made valid as to that portion.
[1987, c. 141, Pt. A, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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