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USA Statutes : maine
Title : Title 23. HIGHWAYS
Chapter : Chapter 607. REAL ESTATE (HEADING. PL 1987, c. 141, Pt. A, @4 (new))
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Title 23 - §6001. Land bought or taken
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 excavation, embankment or materials and through all land other than woodland and forest,
the land so taken shall not exceed 4 rods in width unless necessary for excavation, embankment or materials.
[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
Title 23 - §6002. Land for improvements; proceedings
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 the action of the elements, or reasonably necessary in the enhancement of
public safety at dangerous curves or crossings; and land or rights therein, for borrow, ballast and gravel pits, necessary
tracks, side-tracks, spur tracks, freight or passenger yards, stations, station grounds, approaches to stations and station
grounds and to other facilities furnished by the railroad for public use, coal sheds, woodsheds, water tanks, repair shops,
car, engine, freight and section houses, section dwelling houses and storage warehouses, or other structures, which the Department
of Transportation, after hearing, finds to be reasonably required in the safe, economical and efficient operation of the railroad
and in rendering of adequate service to the public. If the owner or owners of that land do not consent, if the parties do
not agree as to the necessity for the taking or as to the area to be taken or if the parties are unable to agree as to the
fair value of the land, the corporation may make written application to the Department of Transportation requesting its approval
of the taking by the railroad corporation for any such public uses, describing the land and appurtenances and naming the persons
interested. The department shall then appoint a time for a hearing near the premises and require notice to be given to the
persons interested, as they may direct, at least 14 days before that time. The department shall then view the premises; hear
the parties; determine how much, if any, of the real estate should be taken for the reasonable accommodation of the traffic,
the safe operation of the railroad and the appropriate business of the corporation; and enter an order containing a definite
description of the real estate and furnish the corporation with a true copy of the order. When a certified copy of the order
is filed with the registry of deeds in the county where the land lies, the land shall be deemed and treated as taken. When
land is held by a tenant for life and the reversion is contingent as to the persons in whom it may vest on the termination
of the life estate, that fact shall be stated in the application and the department shall, in addition to the notice to the
tenant for life, give notice by publication to all others interested, in such manner as it deems proper.
[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
Title 23 - §6003. Change in location
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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.
[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
Title 23 - §6004. Land taken for change
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 regulating those crossings.
[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
Title 23 - §6005. Limitation of right to enter or take land
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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.
[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
Title 23 - §6006. Branch tracks
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 of erection,
in any town or township through which the main line of that railroad is constructed, but not within any city without the consent
of the city government and for that purpose the corporation shall have all the powers and rights granted and be subject to
all the duties imposed upon it by its charter.
[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
Title 23 - §6007. Estimate of damages; guardian; security for costs
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 parties do not agree on the amount of damages, they shall be estimated by the county commissioners on written application
by either party. The county commissioners shall estimate the damages within one year of the date application is made. When
no estimate is made within that time, the owner may maintain a civil action or have any remedy provided. The guardian of a
person incapable of giving a valid conveyance whose land is taken may settle and give a valid release for damages. Persons
having any interest in that land have the rights and remedies of owners to the extent of their interest. When requested by
the owner, the commissioners shall require the corporation to give security for the payment of damages and costs by depositing,
at its risk, with the clerk, specie, notes or obligations of a state or public corporation or other security satisfactory
to the party requiring it. When entitled to it, so much of any specie so deposited shall be paid to him as will satisfy his
judgment. Notes or obligations so deposited shall be delivered to the officer having a warrant of distress, to be by him sold
as personal property is sold on execution, to satisfy the warrant and fees and any balance shall be paid to the treasurer
of the corporation. When it neglects for more than 30 days to give the security required, the owner is entitled to the remedies
by injunction.
[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
Title 23 - §6008. Petitions for assessment of damages
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 14 days or by publication of the petition and order of notice on the petition in some newspaper published
in said county, 2 weeks successively, the last publication to be 14 days before the hearing.
[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
Title 23 - §6009. Cattle guards and passes; double damages
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 writing to its president or superintendent neglects to commence the work or complete
it within a reasonable time, the owner may apply to the Superior Court and the court, after due notice to the corporation,
shall issue all necessary processes to enforce the specific performance of the orders or restrain it by injunction or the
party interested may recover, in a civil action, double the damage that he has sustained by the neglect.
[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
Title 23 - §6010. Award of damages; terms and conditions
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 property and the railroad company respectively, as will secure the best accommodation of the
owners and the proper and convenient use of the land or property by the railroad company. In case of appeal by either party,
the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners.
[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
Title 23 - §6011. Commissioners' report of damages and rights of parties; notice
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 purposes under section 154, subsections 2, 3 and 4, and cause it to be recorded. Their clerk shall
then make out a notice to each person, stating the amount of damages awarded to him and the elements of damage, which shall
be served by an officer on those resident in the State and upon others, if any, by a publication 3 weeks successively in a
newspaper printed in the county, if any or, if not, in the state paper. The expense of notices shall be added to the costs
of the proceedings and paid accordingly.
[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
Title 23 - §6012. Appeals; notice and proceedings
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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, which court shall determine the damages by a committee of reference if the parties so agree
or by a verdict of its jury and shall render judgment and issue execution for the damages recovered, with costs to the party
prevailing in the appeal. No committee or jury shall alter the requirements in the report of the commissioners. The appellants
shall, when the appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and
shall give written notice of appeal with a copy of the complaint to the opposite party. An appeal may be taken to the Law
Court as in other actions.
[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
Title 23 - §6013. Deposit of damages, interest and costs
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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.
[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
Title 23 - §6014. When damages not paid
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 within 3 years and the owner of the land requests equitable relief, the court may
estimate the damages, decree their payment and issue an execution. The court, after summary notice to the corporation and
upon proof of the facts may, without any bond filed, issue an injunction prohibiting the use and occupation until all damages
and costs are paid. If payment has not been made within 90 days, a permanent injunction may be issued; and all rights acquired
by taking the land and all rights of property in and to whatever has been placed upon it cease and the owner may maintain
an action for its recovery and protection.
[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
Title 23 - §6015. Service of process and notice
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 a breach of it.
[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
Title 23 - §6016. Breach of injunction
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 breach of the injunction. Upon service and return of the order, the
court may enter such decree as is just and equitable against those persons and issue execution accordingly or may proceed
against them as for breach of injunction in other civil actions.
[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
Title 23 - §6017. Station grounds not to be taken by another company
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 proposed to be taken is necessary or not and whether any public necessity requires
it to be taken.
[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
Title 23 - §6018. Use of passenger stations
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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 to the station, and use the same for the purpose of delivering and receiving through
passengers, under such reasonable terms and regulations and over such tracks as may be agreed upon by the owner of the station,
the railroad whose tracks are used in running to and from the same and the railroad corporation so desiring its use for that
purpose and, in case of disagreement, upon petition, notice and hearing, the Department of Transportation shall fix and determine
those terms, tracks and rules. No corporation which denies, in any proceedings, the authority of the Department of Transportation
to proceed and make the determination, or which refuses to abide by its decision rendered in the proceedings, may avail itself
of this section.
[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
Title 23 - §6019. Loitering about or soliciting passengers
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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.
[2003, c. 452, Pt. L, §10 (new); Pt. X, §2 (aff).]
2. Soliciting passengers prohibited. A person may not solicit passengers, in competition with a railroad corporation, in a station or on the station grounds
or wharves of the railroad corporation without a written permit signed by an officer of the corporation authorized to issue
the permit.
[2003, c. 452, Pt. L, §10 (new); Pt. X, §2 (aff).]
3. Penalties. A person who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged.
[2003, c. 452, Pt. L, §10 (new); Pt. X, §2 (aff).]
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 - §6020. Law posted
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §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.
[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
Title 23 - §6021. Fences; liability for injuries
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §6021. Fences; liability for injuries
Where a railroad passes through enclosed or improved land, or woodlots belonging to a farm, legal and sufficient fences shall
be made on each side of the land taken therefor, before the construction of the road is commenced, and the fences shall be
maintained and kept in good repair by the corporation. For any neglect of that duty during the construction of the road, and
for injuries thereby occasioned by its servants, agents or contractors, the directors are jointly and severally personally
liable. For any subsequent neglect, the corporation shall be fined a sum sufficient to make or repair the fence, to be recovered
by indictment and expended by an agent appointed by the court.
[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
Title 23 - §6022. Line fences built on notice of abutter
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §6022. Line fences built on notice of abutter
The owner of any enclosed or improved land or woodlot belonging to a farm abutting upon any railroad, which is finished and
in operation, may at any time between the 20th day of April and the end of October give written notice to the president, treasurer
or any of the directors of the corporation owning, controlling or operating that railroad that the line fence against his
land has not been built, or if built, that the fence is defective and needs repair. If the corporation neglects to build or
repair the fence for 30 days after receiving notice, it forfeits to the owner $100, to be recovered in a civil action.
[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
Title 23 - §6023. Injuring fences; turning animals into railroad enclosure
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §6023. Injuring fences; turning animals into railroad enclosure
1. Injuring fence. A person may not take down or intentionally injure a fence erected to protect the line of a railroad.
[2003, c. 452, Pt. L, §11 (new); Pt. X, §2 (aff).]
2. Turning animals into railroad enclosure. A person may not turn a horse, cattle or other animal upon or within the enclosure of a railroad.
[2003, c. 452, Pt. L, §11 (new); Pt. X, §2 (aff).]
3. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined
in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. L, §11 (new); Pt. X, §2 (aff).]
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 - §6024. Company liable for trespasses on adjoining land
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §6024. Company liable for trespasses on adjoining land
The corporation is liable for trespasses and injuries to lands and buildings adjoining or in the vicinity of its road committed
by a person in its employment or occasioned by its order, if the party injured within 60 days after the injured gives notice
to the corporation; but its liability does not extend to acts of willful and malicious trespass. The person committing a trespass
is also liable.
[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
Title 23 - §6025. No title to lands of railroads by adverse possession
Title 23: HIGHWAYS Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) Chapter 607: REAL ESTATE (HEADING: PL 1987, c. 141, Pt. A, @4 (new)) §6025. No title to lands of railroads by adverse possession
No title to any real estate or any interest in real estate may be acquired against any railroad corporation by adverse possession,
however exclusive or long continued.
[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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