Maine Statute | Act | Code |Title 23. Highways| US Code - US Statute | Chapter 615. State Railroad Preservation Act (heading. Pl 1989, C. 398, @7 (rpr))

Title 23 - §7101. Short title

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7101. Short title

This subchapter shall be known and may be cited as the "State Railroad Preservation and Assistance Act." [1989, c. 398, §7 (rpr).] p align="center">§7101. Major modifications in rail service [1987, c. 792, §2 (new); 1989, c. 398, §7 (rp).]
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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §7102. Findings of fact

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7102. Findings of fact

The Legislature makes a finding of fact that a viable and efficient rail transportation system is necessary to the economic well-being of the State. [1989, c. 398, §7 (rpr).] div>
The Legislature makes a further finding of fact that the State must take active steps to protect and promote rail transportation in order to further the general welfare. [1989, c. 398, §7 (rpr).]
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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §7103-A. Deposit into State Transit, Aviation and Rail Transportation Fund account

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7103-A. Deposit into State Transit, Aviation and Rail Transportation Fund account

Effective October 1, 2005, the Treasurer of State shall receive all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865 and shall deposit all revenue in a separate account to be known as the State Transit, Aviation and Rail Transportation Fund account. [2005, c. 457, Pt. GGG, §5 (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 - §7103. Railroad Preservation and Assistance Fund (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7103. Railroad Preservation and Assistance Fund (REPEALED)

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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §7104. Major modifications in rail service

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7104. Major modifications in rail service

1. Notice required. Any railroad which files a petition or proposal with the United States Interstate Commerce Commission concerning the sale, merger, abandonment or embargo of any railroad line in this State shall concurrently file a copy of the petition or proposal with the department. Any person, corporation or other entity which proposes to acquire or construct an additional railroad line in this State or provide rail transportation over or by means of an extended or additional railroad line and which files a petition or proposal with the United States Interstate Commerce Commission to do so shall concurrently file a copy of the petition or proposal with the department, and shall include information on the fitness and ability, including management, financial condition and employee complement, of the entity proposing to provide the rail service to provide safe, efficient and reliable rail service. [1989, c. 398, §7 (new).]

2. Review; report. The department shall review any petition or proposal for major modification to the rail service in the State filed under subsection 1. On the conclusion of its review, the department shall report to the Governor and the Legislature if the proposal has a major effect on rail service in the State. [1989, c. 398, §7 (new).]

3. Failure to notify. Any entity which fails to file notice with the department required by this section, shall not be approved to receive financial assistance from the State, as defined in section 7320, subsection 1, for one year next following the date the notice is required to be filed. [1989, c. 398, §7 (new).]

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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §7105. Railroads; lease or purchase of certain railroad lines by the Department of Transportation

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7105. Railroads; lease or purchase of certain railroad lines by the Department of Transportation

1. Definition of term "railroad line." Unless otherwise defined in this section, the term "railroad line" or "lines" shall be construed to mean the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. [1989, c. 398, Â§7 (new).]

2. Temporary lease and contracts for continuation of service on certain railroad lines. The Department of Transportation may enter into a contract with a railroad and its duly constituted officers, trustees or owners for the temporary lease of railroad lines or any part of a railroad line, located in the State, owned or otherwise lawfully controlled by the railroad for which abandonment has been authorized by a duly constituted authority, state or federal, when in the judgment of the Department of Transportation the preservation of the railroad line or lines is necessary to protect the public interest. When in the judgment of the Department of Transportation the economic well-being of this State, or a significant portion of the State, will be impaired by the discontinuance of rail service over the railroad line or lines that have been authorized for abandonment, the department may contract for the continued operation of rail service over any line or lines on a temporary basis under rules to be prescribed by the department after notice and hearing at which interested parties have an opportunity to express their views, and on terms and conditions as the department and the owner of the railroad may agree. The leases authorized may be made to cover the right-of-way only or may cover the line intact, including the track, track appurtenances, ties, bridges, station houses and other necessary structures. Contracts for continuation of rail service may be made to include the lease of the line and may provide for service on less than a daily basis. The department shall report to the next session of the Legislature with a recommendation for disposition of the leased or subsidized lines. [1989, c. 398, Â§7 (new).]

3. Purchase or lease of certain railroad lines. The Department of Transportation may purchase or lease railroad lines or any part of a railroad line or any other property located in the State, owned or otherwise lawfully controlled by any railroad when, in the judgment of the department, the purchase or lease of those railroad lines or property is necessary to protect the public interest.

A. Before dismantling any track that results in a cessation of rail service upon all or part of a railroad line, or offering any railroad property for sale, or upon the abandonment of service along all or a portion of a railroad line, the department shall be given the first option to lease or purchase, on just and reasonable terms, the railroad line, any part of the railroad line or other property. In the event that a lease is negotiated for the rights-of-way, the department shall consult with municipal officials and officers in the municipalities affected by the abandonment of service along the line to determine the need for preserving the rights-of-way along the abandoned portion of the line for rail transportation. If the department finds that the welfare of the State would be significantly and adversely affected by the loss of the line for railroad transportation purposes, the department shall seek to negotiate the purchase of the abandoned portion of the line. In making this determination, the department shall consider, among other criteria deemed significant by the department, future economic development activities and opportunities in the area served by the abandoned railroad service. In addition, the department shall consult with the Department of Economic and Community Development, the Department of Conservation and the State Planning Office in making the determination required in this section.
The department shall, in good faith, seek to lease the railroad rights-of-way until it finds that the preservation of the rights-of-way is not necessary for the welfare of the State or until the voters of the State approve or disapprove, at a statewide election, the issue of bonds to purchase the rights-of-way along the abandoned portion of the line.
Nothing in this paragraph may require the department to lease or purchase the railroad rights-of-way to an entire railroad line or any portion of the line for which railroad service has been abandoned if the railroad corporation owner does not intend to sell, lease or in any other way dispose of the rights-of-way by which railroad service could be easily restored along the abandoned service portion of the line. [1989, c. 398, Â§7 (new); c. 600, Pt. A, Â§Â§11, 12 (amd); c. 626 (amd).]

B. The abandonment of service shall not mean or imply that the rights-of-way on a railroad line have been abandoned. In the event that the railroad, any person, firm or corporation, or any agency shows interest in the eventual restoration of service, the rights-of-way shall not be deemed abandoned.
Since it is in the best interest of the State to retain the rights-of-way intact, this paragraph shall apply to all existing and future rights-of-way created prior to or following September 30, 1989. [1989, c. 398, Â§7 (new); c. 600, Pt. A, Â§Â§11, 12 (amd); c. 878, Pt. G, Â§3 (amd).]

C. Whenever the department acquires railroad lines, to hold and to manage for future railroad uses, those lines shall not be considered abandoned for railroad purposes. The commissioner shall periodically review the need to hold those lines for future railroad uses. [1989, c. 398, Â§7 (new).]

[1989, c. 398, Â§7 (new); c. 600, Pt. A, Â§Â§11, 12 (amd); c. 626 (amd); c. 878, Pt. G, Â§3 (amd).]

4. Cooperation, acceptance and use of federal, state, local or private funds. The Department of Transportation may accept, for the State, federal funds that may be apportioned under the United States Regional Rail Reorganization Act of 1973, Public Law 93-236 as amended and supplemented, other federal funds, state funds and such municipal funds and private funds as may be available; to act for the State, in conjunction with the representatives of the Federal Government, municipal governments and private groups having a direct interest, in all matters relating to the acquisition, rehabilitation, construction or lease of railroad line or lines in the State and contracts for rail service continuation over railroad lines as provided in this section. [1989, c. 398, Â§7 (new).]

5. Department to lease, purchase and dispose of operating equipment. The Department of Transportation may lease, purchase and dispose of railroad operating equipment used on rail lines acquired or leased pursuant to this chapter. The department may provide financial assistance and may lease or sell railroad operating equipment to short line operators providing rail service to those rail lines when determined to be in the best interest of the State. [1989, c. 791, Â§3 (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 - §7106. Railroads; acquisition of railroad operating equipment by the Department of Transportation

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7106. Railroads; acquisition of railroad operating equipment by the Department of Transportation

1. Definition of term "railroad operating equipment." [1989, c. 398, Â§7 (new); c. 791, Â§4 (rp).]

2. Acquisition of railroad operating equipment. The Department of Transportation is authorized to lease, purchase and dispose of railroad operating equipment when in the judgment of the department the purchase or disposal of the equipment is necessary to protect the public interest. [1989, c. 398, Â§7 (new).]

3. Cooperation, acceptance and use of federal, local or private funds. The Department of Transportation is authorized and empowered to accept, for the State any federal, municipal or private funds as may be available and to act for the State, in conjunction with the Federal Government, municipal governments and private groups having a direct interest in the acquisition of railroad operating equipment. [1989, c. 398, Â§7 (new).]

4. Use of state funds prohibited. [1989, c. 398, Â§7 (new); c. 791, Â§4 (rp).]

5. State liability. The State is not held liable in any contract pursuant to this chapter for the leasing or purchasing of equipment, facilities or services; for the delivery of products; for the storage of products; or for any other service or financial commitment that may result from the implementation of this chapter. [1989, c. 398, Â§7 (new); c. 791, Â§5 (amd).]

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 - §7107. Dismantling of state-owned track

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION (HEADING: PL 1989, c. 398, @7 (new))

§7107. Dismantling of state-owned track

Except as provided in this section, the Department of Transportation may not dismantle or contract with a state agency or private entity for the dismantling of state-owned track. When the department, in consultation with a regional economic planning entity and a regional transportation advisory committee established in accordance with rules adopted under section 73, subsection 4, determines that removal of a specific length of rail owned by the State will not have a negative impact on a region or on future economic opportunities for that region, the Commissioner of Transportation shall seek review by the joint standing committee of the Legislature having jurisdiction over transportation matters prior to removal. [2003, c. 498, §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 - §7151. Legislative findings; declaration of policy

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7151. Legislative findings; declaration of policy

1. Legislative findings. The Legislature finds that safe, efficient and reliable rail service is essential to the economy of the State, the economic livelihood of industries located in the State, conservation and protection of the environment and the quality of life of the citizens of the State. The Legislature further finds that safe and efficient railroad service is essential to the State's public safety and the continued health and well-being of its citizens, particularly because of railroad transportation of bulk cargoes and hazardous and toxic substances, and the significant dangers that result from mishandling those and other cargoes. [1989, c. 398, §7 (rpr).]

2. Declaration of policy. It is declared to be the policy of the State that the State and its agencies shall cooperate with the Congress of the United States and the appropriate federal agencies to assure the development and maintenance of safe, efficient and reliable rail service for the State. For any railroad line acquired under this chapter, it is the intent of the Legislature that the State may acquire the railroad line, but the State may not be an operator of the railroad. [1991, c. 371 (amd).]

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 - §7152. Definitions

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7152. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 398, §7 (rpr).]

l. Financially responsible person. "Financially responsible person" means a financially responsible person, as defined in the United States Code, Title 49, Section 10910(a), who intends to acquire, lease or contract to operate all or part of the railroad line in question. [1989, c. 398, §7 (rpr).]

2. Person. "Person" means a natural person, corporation, partnership or state agency. [1989, c. 398, §7 (rpr).]

3. Railroad line. "Railroad line" means the right-of-way, track, track appurtenances, ties, bridges, station houses, sidings, terminals and other appurtenant structures of a railroad. [1989, c. 398, §7 (rpr).]

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 - §7153. Hearings and report

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7153. Hearings and report

1. Request for hearing. The department shall hold a hearing with regard to a railroad line if requested by any of the following:

A. A shipper or shippers whose traffic on the railroad line totaled 500 tons in the year immediately preceding the application; [1989, c. 398, §7 (rpr).]

B. Any municipality having a siding, terminal, station or agency station of the railroad line within its bounds; or [1989, c. 398, §7 (rpr).]

C. A financially responsible person. [1989, c. 398, §7 (rpr).]

[1989, c. 398, §7 (rpr).]

2. Notice; testimony at hearing. Not less than 14 days prior to holding a hearing, the department shall send written notice of the date and location to the parties requesting a hearing as well as the affected railroad company. In addition, the department shall publish 2 notices of the hearing in a newspaper of general circulation in the area of the State affected. Testimony received at the hearing may include the following:

A. Whether the railroad has adequate rail service to fulfill public convenience and necessity; [1989, c. 398, §7 (rpr).]

B. Whether the operator of the railroad is providing safe, efficient and reliable rail service; [1989, c. 398, §7 (rpr).]

C. Whether the rail service over the railroad has substantially impaired the ability of the shippers or municipalities that depend upon it; [1989, c. 398, §7 (rpr).]

D. Whether the operation of the railroad has endangered the lives or property of the citizens of this State, including railroad employees; [1989, c. 398, §7 (rpr).]

E. Whether the operator of the railroad has refused or failed within a reasonable time to make necessary improvement to provide safe, efficient and reliable rail service; and [1989, c. 398, §7 (rpr).]

F. Other relevant issues. [1989, c. 398, §7 (rpr).]

[1989, c. 398, §7 (rpr).]

3. Report. Upon conclusion of the hearing, the department shall issue a report concerning the operation of the railroad which shall be forwarded to the petitioning parties as well as the railroad company. In addition, this report shall be presented to the Governor as well as the President of the Senate and the Speaker of the House of Representatives. The department may also forward this report to the Interstate Commerce Commission, the Federal Railroad Administration or any other federal agency which is involved in the regulation of railroads. [1989, c. 398, §7 (rpr).]

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 - §7154. Acquisition of railroads

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7154. Acquisition of railroads

1. Authorization to acquire. Upon forwarding the report set forth in section 7153 and if the report recommends acquisition of the railroad line by the department, the department may acquire, as provided in this section, the railroad line and associated real property located in the State and personal property, including rail facilities such as equipment and rolling stock, when, in the judgment of the department, acquisition of the railroad line is necessary to protect the public interest. [1989, c. 398, §7 (rpr).]

2. Federal regulation. If the railroad line is under the exclusive jurisdiction of a federal regulatory agency, the department shall petition that agency and take all steps necessary to obtain all regulatory approvals required under federal law to acquire the railroad line. [1989, c. 398, §7 (rpr).]

3. Acquisition. Upon obtaining all necessary federal regulatory approvals or if approval of a federal regulatory agency is not required, the department may acquire the railroad line and associated property by purchase or the taking by eminent domain. [1989, c. 398, §7 (rpr).]

4. Limitation. Any acquisition under this section is subject to sufficient funds being made available by legislative act to acquire the railroad line. [1989, c. 398, §7 (rpr).]

5. Eminent domain. In the event that the department decides to acquire the railroad line by condemnation, the department shall have the railroad line and associated property appraised and offer to the owner as just compensation the constitutional minimum value, which shall be not less than the net liquidation value or the value as a going concern, whichever is greater, but shall not include the cost of providing a protective arrangement concerning the interest of the railroad's employees. The department shall file in the registry of deeds for the county or counties, or registry district or districts, where the railroad line is located a notice of condemnation which shall contain a description of the property and the interest taken and the name or names of the owner or owners of record as far as they can be reasonably determined. The department may join in the same notice one or more separate properties whether in the same or different ownership. A check in the amount of the offer and a copy of the notice of condemnation shall be served on the owner or owners of record. If there is multiple ownership, the check may be served on any one of the owners of each separate property. The notice of condemnation shall be published once in a newspaper of general circulation in the county where the property is located and that publication shall constitute service on any unknown owner or owners or other persons who may have or claim an interest in the property. [1989, c. 398, §7 (rpr).]

6. Appeals. In the event that any owner or owners of record are aggrieved by the department's offer, they may appeal from it to the Kennebec County Superior Court within 30 days after the date of service or publication of the notice of condemnation. The appeal shall be taken by filing a complaint setting forth the facts upon which the case shall be tried according to the Maine Rules of Civil Procedure. The Superior Court shall determine compensation by a jury verdict or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for any compensation, with interest when it is due, and for costs in favor of the party entitled to them, pursuant to just compensation standards set forth in subsection 5. [1989, c. 398, §7 (rpr).]

7. Use of railroad line. The department may lease the railroad line, or otherwise contract for operation of the railroad line, to a railroad operator who is a financially responsible person, or it may hold and manage the railroad line for future transportation use. [1989, c. 398, §7 (rpr).]

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 - §7155. Conditions of sale, lease and operation

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7155. Conditions of sale, lease and operation

1. Financial conditions on sale, lease or operating contract. Any railroad line acquired pursuant to this chapter may be sold, leased or contracted to an operator, but only upon terms at least as favorable to the State as follows:

A. All of the costs of acquiring the railroad line and associated property shall be recovered by the State; and [1989, c. 398, §7 (rpr).]

B. The credit of the State shall not be pledged unless separately authorized as required by the Constitution of Maine, Article IX, Section 14. [1989, c. 398, §7 (rpr).]

[1989, c. 398, §7 (rpr).]

2. State operation of railroad prohibited. In no event may the department or any other unit of State Government directly operate a railroad over a railroad line acquired under this chapter. The department may own the railroad line and lease or otherwise contract for its use by a private operator. [1989, c. 398, §7 (rpr).]

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 - §7156. Employee protection

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 2: ACQUISITION OF RAILROAD LINES (HEADING: PL 1989, c. 398, @7 (new))

§7156. Employee protection

Any person acquiring or operating a railroad line under this chapter shall: [1989, c. 398, §7 (rpr).]

1. Hiring priority. Give a first right of hire to fill any subordinate official or nonmanagement position in the staffing of the new rail operation in the following order of priority:

A. First, all employees who are required to be accorded priority under federal law, employee protection obligations imposed by law, regulations or contracts which require the new operator to select employees of the prior operator and existing or future collective bargaining agreements; [1989, c. 398, §7 (rpr).]

B. Second, all employees, in seniority order for each craft or class, who hold or held seniority rights in, or in connection with, the railroad line when it was last operated by its prior operator; [1989, c. 398, §7 (rpr).]

C. Third, employees drawing benefits under the United States Railroad Unemployment Insurance Act, United States Code, Title 45, chapter 11, first in the geographical area in which the railroad line is located and then elsewhere within the State; and [1989, c. 398, §7 (rpr).]

D. Fourth, any other individual; [1989, c. 398, §7 (rpr).]

[1989, c. 398, §7 (rpr).]

2. Existing employment obligations and practices. Assume the existing employment obligations and practices of the railroad whose property is condemned, including all agreements governing rates of pay, rules and working conditions, until changes are made by agreement or otherwise, in accordance with applicable law; and [1989, c. 398, §7 (rpr).]

3. Employee protection. Agree to provide a fair arrangement to protect the interests of railroad employees who are affected by the condemnation which is at least as protective of the interests of those employees as the levels of protection established by regulation or decision of the Interstate Commerce Commission. [1989, c. 398, §7 (rpr).]
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Any person who is entitled to priority of employment under this section shall be presumed to be physically and mentally qualified to perform the same or comparable work with the new employer. [1989, c. 398, §7 (rpr).]
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 - §7171. Short title (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7171. Short title (REPEALED)

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 - §7172. Definitions (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7172. Definitions (REPEALED)

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 - §7173. Initiation and establishment of passenger rail service (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7173. Initiation and establishment of passenger rail service (REPEALED)

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 - §7174. Contracts; studies (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7174. Contracts; studies (REPEALED)

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 - §7175. Initial funding (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7175. Initial funding (REPEALED)

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 - §7176. Additional funding (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7176. Additional funding (REPEALED)

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 - §7177. Federal funds (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7177. Federal funds (REPEALED)

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 - §7178. Municipalities (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7178. Municipalities (REPEALED)

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 - §7179. Reasonable fares (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7179. Reasonable fares (REPEALED)

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 - §7180. Satisfaction of operating deficits (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7180. Satisfaction of operating deficits (REPEALED)

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 - §7181. Rules of construction (REPEALED)

Title 23: HIGHWAYS
Part 7: RAILROADS (HEADING: PL 1987, c. 141, Pt. A, @4 (new))
Chapter 615: STATE RAILROAD PRESERVATION ACT (HEADING: PL 1989, c. 398, @7 (rpr))
Subchapter 3: PASSENGER RAIL SERVICE (HEADING: PL 1995, c. 374, @2 (rp))

§7181. Rules of construction (REPEALED)

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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