Sec. 13b-244. (Formerly Sec. 16-76). Powers. Each railroad company may hold such real estate as may be convenient for accomplishing the objects of its organization; may by its agents enter such places as may be designated by its directors for the purpose of making surveys and determining the line whereon to construct its railroad and may construct, equip and maintain a railroad, with one or more tracks, over the route specified in its charter and transport persons or property thereon by any power.
(1949 Rev., S. 5465.)
History: In 1981 Sec. 16-76 transferred to Sec. 13b-244.
Annotations to former section 16-76:
Company may acquire fee or lesser estate. 81 C. 466. Nature of railroad right-of-way; bounding land on, usually carries to center line. 86 C. 588. Permission to railroad to lay and maintain spur track over private property held to give it easement. 89 C. 606. Railroad's right in its layout is exclusive; abutting owners cannot run oil pipes through or near wooden trestle. 92 C. 360. Effect of charter to railroad on rights of riparian owners when railroad crosses navigable waters. Id., 356. Whether railroad, by laying width of one track accepts entire width of grant is a question of fact; subsequent laying of additional tracks. Id., 356. See notes to section 13b-256 and chapter 281.

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Sec. 13b-245. (Formerly Sec. 16-77). Right to take land limited; land of infants and others. No land shall be taken without the consent of its owner, except within two years after the approval of the location of the route by the Commissioner of Transportation. When the land of any infant, cestui que trust or person non compos mentis is necessary for the construction of a railroad, such land may be taken on giving notice to the trustee of such cestui que trust, the guardian, either natural or appointed, of such infant or the conservator of such person non compos mentis, who may give a release for all damages for lands so taken, as fully as if the same were held in his own right.
(1949 Rev., S. 5466; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-77 transferred to Sec. 13b-245.
Annotations to former section 16-77:
This section applies to all railroad companies, whether organized under general law or special charter, in absence of express provision to contrary. 72 C. 687. Adoption of layout exhausts company's power of election; 73 C. 509; nor can it readopt layout so as to set limitation running again. 74 C. 662; 81 C. 645; 92 C. 356.

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Sec. 13b-246. (Formerly Sec. 16-78). Notice concerning layout and real estate. Before the Commissioner of Transportation approves the layout of any railroad or the taking of any real estate for the purposes of such road or any change or alteration of the same, he shall give reasonable notice to all persons having an interest in such real estate to attend and be heard; and the appraisers shall cause a like notice to be given to all persons interested in such real estate. If any such person resides out of this state, or is an infant or cestui que trust, or is non compos mentis, any judge of the Superior Court may prescribe the notice to be given to such person.
(1949 Rev., S. 5467; 1969, P.A. 768, S. 214; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 563, 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: 1969 act added commissioner of transportation to those to be notified; P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and deleted commissioner of transportation from those to be notified, effective January 1, 1979; in 1981 Sec. 16-78 transferred to Sec. 13b-246.

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Sec. 13b-247. (Formerly Sec. 16-79). Approval for taking of land. Section 13b- 247 is repealed, effective October 1, 2000.
(1949 Rev., S. 5468; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)

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Sec. 13b-248. (Formerly Sec. 16-80). Alteration of location. Each company, after its line of road has been located, approved and established, may so far alter such location as to change the radius of its curves, the width of its layout, the extent of depot grounds or its slopes and embankments, may straighten and improve its lines and extend its lines of sight, when such changes are approved by the Commissioner of Transportation, and may take land for additional tracks, turnouts and freight and passenger stations and for the purpose of supplying water for the use of its engines and stations. A certificate of such changes or taking, signed by the commissioner, shall be lodged for record in the town clerk's office in the town or towns in which such changes are made or land taken.
(1949 Rev., S. 5469; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission" and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-80 transferred to Sec. 13b-248.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotations to former section 16-80:
A highway may be taken for depot. 56 C. 314. For appeal from a decision on a petition based on this section, see 60 C. 164. Where authority of commissioners and authority of municipality conflict, commissioners prevail. 66 C. 222. No appeal is allowed from decision of commissioners under this section. 71 C. 281. Taking of land to change radius of curves, etc., approved. 72 C. 489. Duty of judge in condemnation proceedings based on this statute. 79 C. 526.

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Sec. 13b-249. (Formerly Sec. 16-81). Alteration of grades. Each company, after its line of road has been located, approved and established, may alter its grades and raise any highway bridges that pass over its tracks to such height as may be approved by the Commissioner of Transportation and may change the grade of the approaches to such bridges so as to conform to the change in the height of the bridges; but this section shall not authorize any company to raise its tracks so as to lessen the distance between an existing bridge and its tracks, without the approval of the commissioner. Damages accruing to any adjoining proprietor on account of any change of grade on the highways which are approaches to any such bridge, raised under the provisions of this section, shall be assessed and paid by such company in accordance with the provisions of sections 13b-270, 13b-274 and 13b-279.
(1949 Rev., S. 5470; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission" and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-81 transferred to Sec. 13b-249.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotation to former section 16-81:
See 86 C. 36.

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Sec. 13b-250. (Formerly Sec. 16-82). Land for additional tracks. Any company may so alter the location of its road as to add to the number of its main tracks and, for that purpose, with the approval of the Commissioner of Transportation, may take additional land; but, when an additional bridge over a navigable stream is required by an addition to the main tracks, the same shall be constructed in such manner, of such materials and with draws of such width as said commissioner may authorize and direct, and such additional bridge shall be subject to the provisions of section 13b-285.
(1949 Rev., S. 5471; 1969, P.A. 768, S. 215; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 564, 571, 610.)
History: 1969 act added "after considering the recommendation of the commissioner of transportation may authorize and direct ..."; P.A. 75-486 substituted "public utilities control authority" for public utilities "commission" and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 deleted the foregoing and substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-82 transferred to Sec. 13b-250.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.

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Sec. 13b-251. (Formerly Sec. 16-82a). Overhead clearances for railroad tracks. Approval by legislature. (a) The minimum overhead clearance for any structure crossing over railroad tracks for which construction is begun on or after October 1, 1986, shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance; (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated that are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches; (3) the minimum overhead clearance for the structure that carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156, (B) U.S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05, (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149, (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376, (E) Route 1 over railroad tracks in Milford, designated state project number 173-117, (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164, (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114, (H) Route 100 over the railroad tracks in East Haven, bridge number 01294, and (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526, shall be eighteen feet; (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870, (B) Crown Street, bridge number 03871, and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches; (5) the minimum overhead clearance for the structure carrying State Street railroad station pedestrian bridge over railroad tracks in New Haven shall be nineteen feet, ten inches; and (6) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches.
(b) For the purposes of this section, "overhead clearance" means the distance from the plane formed by the top of the rails to a structure or obstruction above the rails and "deck replacement" means the removal and replacement of the bridge deck and supporting members.
(c) Any proposed legislation which grants an exemption from the minimum overhead clearance requirements in subsection (a) shall be accompanied by a written statement from the Department of Transportation which shall include the following information: (1) The impacts associated with raising the bridge to meet the clearance requirements; (2) the estimated cost of raising the bridge to meet the clearance requirements and (3) an assessment, including the estimated cost, of the feasibility of increasing the clearance by undercutting at least one track of the railroad or by a combination of undercutting and raising the bridge to meet the clearance requirements.
(P.A. 78-28, S. 1; P.A. 83-68, S. 1; P.A. 86-344, S. 1, 3; 86-403, S. 126, 132; P.A. 87-218; P.A. 88-364, S. 23, 123; P.A. 89-59; P.A. 90-230, S. 81, 101; P.A. 99-181, S. 16; P.A. 00-148, S. 10.)
History: In 1981 Sec. 16-82a transferred to Sec. 13b-251; P.A. 83-68 amended Subsec. (a) to allow certain construction work beginning after the commissioner submits the railroad lines overhead clearances report required under section 2 of the act, which is not codified, to be done without raising the structure's minimum overhead clearance beyond its existing overhead clearance and amended Subsec. (b) to define "deck replacement"; P.A. 86-344 provided that the minimum height for structures which are built over railroad tracks on or after October 1, 1986, shall be twenty feet, except that minor widening or deck replacement may be done at a structure's existing height, required the minimum height of structures crossing tracks over which trains are operated by means of overhead wires to be twenty-two feet, six inches and provided exceptions for existing state projects; P.A. 86-403 amended Subsec. (a) by changing state project number "50-6H13" to "50-6H05"; P.A. 87-218 amended Subsec. (a) by adding state project number 88-114 to the exemptions to the minimum height requirement and amended Subsec. (b) by defining "deck replacement"; P.A. 88-364 in Subsec. (b) corrected the word "place" to read "plane"; P.A. 89-59 added Subpara. (H) to Subdiv. (3) re the exemptions for Route 100 of minimum height requirements, added Subdiv. (4) providing certain bridges with minimum height exemption of seventeen feet, six inches and added a new Subsec. (c) re approval of exemption from the minimum height requirements; P.A. 90-230 made technical change in Subsec. (c); P.A. 99-181 amended Subsec. (a) by deleting provision making the subsection applicable to construction begun on or after October 1, 1986, adding Subpara. (I) to Subdiv. (3) exempting Church Street Extension from minimum overhead clearance requirements, adding Subdiv. (5) re overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line and making technical changes; P.A. 00-148 amended Subsec. (a) by making technical changes, by reinstating provision that minimum overhead clearances in this section apply only to structures crossing over railroad tracks for which construction is begun on or after October 1, 1986, by adding new Subdiv. (5) requiring the minimum overhead clearance for the structure over railroad tracks in New Haven, and by redesignating former Subdiv. (5) as Subdiv. (6).

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Sec. 13b-252. (Formerly Sec. 16-82b). Structures exempted from overhead clearance requirement. Section 13b-251 shall not apply to any structure for which construction is authorized by or begun pursuant to any special act.
(P.A. 78-28, S. 2.)
History: In 1981 Sec. 16-82b transferred to Sec. 13b-252.

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Sec. 13b-253. (Formerly Sec. 16-83). Land cut off from access to highway. When any company takes land for railroad purposes and the effect of such taking is to cut off other land from practical access to the highway, such company may, with the approval of the Commissioner of Transportation, take additional land sufficient for a convenient way from the land so cut off to the highway and shall provide for the use of the owner of the land cut off a suitable way over such additional land to the highway. Such way shall remain a private way for the use of the owner of the land cut off and the town or city in which it is situated shall not be liable for its maintenance or responsible for its defects. For the purposes of this section, lands may be acquired in the manner provided by law for the taking of land by railroad companies.
(1949 Rev., S. 5472; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-83 transferred to Sec. 13b-253.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotations to former section 16-83:
Cutting off land from all access to highway held a taking. 66 C. 224. Commissioners' approval settles necessity and extent of taking. 69 C. 437.

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Sec. 13b-254. (Formerly Sec. 16-84). Layout through cemetery. No company shall lay out or locate its road, or any part thereof, through any cemetery or any approach in common use from the highway thereto, and within one-quarter of a mile thereof, unless the Commissioner of Transportation, when called upon to approve the proposed layout of such road, finds that such cemetery, or the approach thereto, was located for the purpose of obstructing such layout, or unless said commissioner approves such layout or location.
(1949 Rev., S. 5473; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission" and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-84 transferred to Sec. 13b-254.

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Secs. 13b-255 to 13b-259. (Formerly Secs. 16-85 to 16-89). Land for electrification of railroad. Procedure for appraisal of land taken. Land in highway or private way. Abandonment of road; damages. Owner may require description of land. Sections 13b-255 to 13b-259, inclusive, are repealed, effective October 1, 2000.
(1949 Rev., S. 5474−5478; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 78-280, S. 2, 127; P.A. 84-146, S. 11; P.A. 00-148, S. 39.)

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Sec. 13b-260. (Formerly Sec. 16-90). Plan of road to be deposited with town clerk. Within ninety days after the railroad of any company has been laid out in any town and approved by the Commissioner of Transportation, such company shall deposit with the town clerk a correct plan, signed by its president, of so much of such railroad as lies in such town, drawn on a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course and the width of the land taken.
(1949 Rev., S. 5479; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-90 transferred to Sec. 13b-260.

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Sec. 13b-261. (Formerly Sec. 16-91). Statement of location filed with secretary. Each company shall, within six months after the final location of its road, file with the Secretary of the State a statement of such location, defining the courses and distances.
(1949 Rev., S. 5480.)
History: In 1981 Sec. 16-91 transferred to Sec. 13b-261.

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Sec. 13b-262. (Formerly Sec. 16-92). Security from contractors for labor; liability of company. Each company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment for all labor thereafter to be performed in constructing the road by persons in their employ; and the company shall be liable to the laborers employed for labor actually performed on the road if, within twenty days after the completion of such labor, they notify its treasurer, in writing, that they have not been paid by the contractors.
(1949 Rev., S. 5481.)
History: In 1981 Sec. 16-92 transferred to Sec. 13b-262.

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Sec. 13b-263. (Formerly Sec. 16-93). Crossing of one railroad by another. Any company may, in the construction of its railroad, cross the railroad of any other company or connect with the same. If it cannot agree with such other company as to such crossing or connection, the Commissioner of Transportation may determine the place and manner of such crossing or connection, after reasonable notice to the companies in interest to appear and be heard in relation to the matter, and may make such orders as to bridges, abutments, piers, tunnels, arches, excavations, retaining walls, embankments and approaches as he judges necessary; but no railroad shall cross any other railroad at grade, except for the purpose of connecting therewith, when the avoidance of a grade crossing is practicable, and the commissioner shall decide the question of practicability.
(1949 Rev., S. 5482; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission" and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-93 transferred to Sec. 13b-263.
See Sec. 13b-288 re inclusion of provisions of section in railroad company's charter.
Annotation to former section 16-93:
Injury to steam railroad from electric road crossing at grade is damnum absque injuria. 65 C. 434; but see 70 C. 610.

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Sec. 13b-264. (Formerly Sec. 16-94). Branch lines. Any company may build branches from its main line or from any of its leased lines, provided the construction of such branches is found by the Commissioner of Transportation, upon application, after such reasonable public notice as such commissioner may order, to be of public necessity and convenience. For the purpose of paying the cost of building any such branch, any railroad company may issue bonds secured by mortgage to the amount of one-half of such cost, to be verified in the manner provided in section 16-216 for verifying the cost of a railroad for the purpose of issuing bonds. This section shall be deemed to be an addition to, and amendment of, all charters of railroad companies, and shall repeal all limitations in any such charters as to the length of branches which such companies may build.
(1949 Rev., S. 5483; 1969, P.A. 768, S. 216.)
History: 1969 act substituted "the commissioner of transportation" for "a judge of a superior court" and "commissioner" for "judge"; in 1981 Sec. 16-94 transferred to Sec. 13b-264.
Annotations to former section 16-94:
Held not to abridge special franchise of prior date. 73 C. 506. Purpose of this section. 74 C. 662.

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Sec. 13b-265. (Formerly Sec. 16-95). Crossing highway or watercourse. When it is necessary for the construction of a railroad to intersect or cross any watercourse not navigable or any public highway, the company may construct such railroad across or upon the same if the Commissioner of Transportation judges it necessary and authorizes it by his order. Such company shall restore such watercourse or highway to its former state or in a manner not to impair its usefulness. If any highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, such company may, with the consent of the commissioner, cause such highway to be changed or altered, so that such railroad may be constructed on the best site. Such company shall put such highway in as good situation and repair as it was previous to such alteration, under the direction of the commissioner, whose determination thereon shall be final.
(1949 Rev., S. 5484; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission" i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-95 transferred to Sec. 13b-265.
See Sec. 13b-267 re restrictions upon construction of railroad crossing at grade level.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotations to former section 16-95:
Excavations or embankments made by railroad company, affecting value of adjoining property, are a ground for damage. 21 C. 309; 22 C. 87. Location of substituted highway by commissioners is not subject to review. 27 C. 146. If company fails to restore highway, it must indemnify town if town becomes liable for defect. 27 C. 158. Company liable for injury arising from culvert which it left uncovered in street. 29 C. 434. Where proper change of highway is once made, company is not bound to make further change by reason of increased travel. 45 C. 331. Where company built bridge, and injury resulted because borough raised highway beneath, company was not liable. 54 C. 591. Where municipal rights under charters and railroad rights under general statutes in streets conflict, railroad rights prevail. 66 C. 223. Commission may discontinue old highway and lay out new one. 76 C. 58.

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Sec. 13b-266. (Formerly Sec. 16-96). Land for change of highway. Section 13b- 266 is repealed, effective October 1, 2000.
(1949 Rev., S. 5485; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)

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Sec. 13b-267. (Formerly Sec. 16-97). Construction over highway at grade restricted. Each company which locates and constructs a railroad across any highway shall construct it so as to cross over or under the same and may, under the direction of the Commissioner of Transportation, raise or lower the same at such crossing or change the location thereof and shall make and maintain such bridges, abutments, tunnels, arches, excavations, embankments and approaches as the commissioner orders and the convenience and safety of the public travel upon such highway may require; but the commissioner may, upon notice to such company and to the selectmen of the town or mayor of the city in which such crossing is situated, direct such company to construct its railroad at such crossing upon a level with the highway; but no such direction shall be given in any case except for special reasons, which shall be recorded in the records of the commissioner.
(1949 Rev., S. 5486; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-97 transferred to Sec. 13b-267.
Annotations to former section 16-97:
Change in highway wholly to save expense to company unauthorized. 25 C. 402. Term "bridge," as used in city charter, held to exclude approaches and embankments. 39 C. 128. Company not liable for accident caused by borough's raising highway after completion of overhead bridge. 54 C. 591. This section construed with section 7 of the act of 1889. 62 C. 496. This section controls where city charter conflicts with it. 66 C. 222. City has no appeal from order of commissioners fixing bridge supports at curve. 57 C. 85. Purpose of this section. 91 C. 475.

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Sec. 13b-268. (Formerly Sec. 16-98). New highway across railroad; expense. Creation of at grade crossing. (a) When a new highway is constructed across a railroad, such highway shall pass over or under the railroad as the Commissioner of Transportation directs. The company operating such railroad shall construct such crossing to the approval of the commissioner and may take land for the purposes of this section in the manner provided by section 13b-256. The expense of such crossing construction shall be borne by either the town, city or borough constructing such highway, or by the company constructing the same, or by a sharing of the cost between the town, city or borough and the company, as the commissioner directs.
(b) On or after October 1, 1989, no public railroad crossing at grade shall be constructed unless authorized by special act of the General Assembly. The Commissioner of Transportation, upon the request of the joint standing committee on transportation or upon his own initiative, shall investigate and make recommendations concerning the creation of such a crossing. Such investigation shall include a public hearing on the creation of such a crossing. The commissioner shall provide reasonable notice to the town, city or borough where such crossing is to be located, any railroad utilizing the rail line and the party requesting the crossing and to the public through publication of notice in a newspaper having general circulation in the municipality where such crossing is to be located. Any proposed legislation for the creation of such a crossing shall be accompanied by a detailed report containing, but not limited to the following information: The date of the public hearing, any requirements for the protection of persons using the crossing, including but not limited to the protections established in sections 13b- 342 to 13b-347, inclusive, and a recommendation concerning the party to bear the costs of construction, installation and maintenance of such crossing.
(1949 Rev., S. 5487; 1963, P.A. 411; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 89-372, S. 2, 4; P.A. 90- 230, S. 82, 101; P.A. 00-148, S. 39.)
History: 1963 act provided that the expense for crossing construction be borne by either the local governmental entity or the company involved in the construction or be shared as directed by the commission instead of the previous provision for splitting the cost; P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-98 transferred to Sec. 13b-268; P.A. 89-372 added new Subsec. (b) re creation of at-grade crossings by special act; P.A. 90-230 made technical change in Subsec. (b); (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from Subsec. (a) of this section without making unauthorized substantive changes to the statute).
Annotations to former section 16-98:
It is not a taking of property to compel a company to pay half the expense of a bridge to protect the public. 60 C. 6. Where highway crossing railroad at grade was commenced before this section was enacted, the act prevented its completion. 55 C. 69; 70 C. 390. Commissioners may decide whether highway is to go over or under railroad, before acceptance of report of committee to lay out highway. 59 C. 210. Layout of street across railroad, without notice or compensation, may be set up in defense when city seeks injunction against obstruction of street. 72 C. 225. Where highway runs under railroad, cost of retaining wall necessary to maintain level of tracks proper element of damage. 81 C. 582. Cited. 85 C. 599. Purpose of statute is to require a safe and usable crossing for both highway and railroad. To accomplish this, not just building of bridge but also relocation of transmission lines was necessary. Legislature by the phrase "expense of such crossing" intended to include in cost whatever was essential to fulfill purpose of statute. Under former provision, contract so far as it required city to pay more than half the cost of relocating wires was illegal. 150 C. 366. Public utilities commission could not construe statute to determine validity of apportionment made. It could, however, have withheld its approval if, contrary to railroad's expectation, part of cost of relocating transmission lines was going to fall on railroad. Appeal should have been granted. 150 C. 383. Cited. 152 C. 79; 154 C. 674, 679.

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Sec. 13b-269. (Formerly Sec. 16-99). Bridge over railroad. When a highway is laid out or ordered to be laid out across a railroad and the Commissioner of Transportation directs such highway to be carried over the railroad, he shall determine the length, width and material of the bridge over the railroad before the damages occasioned to any person by the taking of land for such highway are finally assessed; and said commissioner may require such bridge to extend beyond the railroad crossed by it. No structure shall be constructed or reconstructed over and across any railroad until the commissioner has determined the length, width, material and plan of such structure and its height above the roadbed of such railroad and the necessity for such construction or reconstruction.
(1949 Rev., S. 5488; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-99 transferred to Sec. 13b-269.
Annotations to former section 16-99:
Held inapplicable to case pending at its passage. 71 C. 43. Cited. 150 C. 371, 383.

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Sec. 13b-270. (Formerly Sec. 16-100). Removal of grade crossings. The selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough, within which a highway crosses or is crossed by a railroad, or the directors of any railroad company whose road crosses or is crossed by a highway, may bring their petition in writing to the Commissioner of Transportation, alleging that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or crossing, the closing of a highway crossing and the substitution of another therefor, not at grade, or the removal of obstructions to the sight at such crossing, and praying that the same may be ordered. Thereupon said commissioner shall appoint a time and place for hearing the petition, and shall give such notice thereof to such petitioners, the company, the municipality or municipalities in which such crossing is situated and the owners of the land adjoining such crossing and adjoining that part of the highway to be changed in grade, as he judges reasonable; and, after such notice and hearing, said commissioner shall determine what alterations or removals, if any, shall be made and by whom made. If such petition is brought by the directors of a railroad company or in behalf of any such company, said commissioner shall order the expense of such alterations or removals, including the damages to any person whose land is taken and the special damages which the owner of any land adjoining the public highway sustains by reason of any such change in the grade of such highway, to be paid by the company owning or operating the railroad in whose behalf the petition is brought; and, if such petition is brought by the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough, he may, if the highway affected by such determination was in existence when the railroad was constructed over it at grade or if the layout of the highway was changed for the benefit of the railroad after the layout of the railroad, order an amount not exceeding one-quarter of the whole expense of such alteration or removal, including the damages, to be paid by the town, city or borough in whose behalf the petition is brought, and the remainder of the expense shall be paid by the company owning or operating the road which crosses such public highway. If the highway affected by such last-mentioned order has been constructed since the railroad which it crosses at grade, said commissioner may order an amount not exceeding one-half of the whole expense of such alteration or removal, including the damages, to be paid by the town, city or borough in whose behalf the application is brought, and the remainder of the expense shall be paid by the company owning or operating the road which crosses such public highway. Railroad companies may take land for the purpose of this section in the manner provided by section 13b-256.
(1949 Rev., S. 5489; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 00-148, S. 39.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-100 transferred to Sec. 13b-270; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).
Annotations to former section 16-100:
Removal is an exercise of the police power. 57 C. 95; 58 C. 532; 65 C. 430; 68 C. 158; 70 C. 316; 80 C. 54; 151 U. S. 556; 178 U. S. 321. A grade crossing is a nuisance, authority to maintain which is revocable at any time. 65 C. 431. Law operates as amendment to railroad charters. 62 C. 527. In case of conflict with city charter, general law prevails. 66 C. 211; see 70 C. 390. Policy of state is to restrict grade crossings. 84 C. 581. Order for removal not a "taking" of land; 72 C. 274; change is not a "grading" of the highway. 77 C. 494. Land may be taken for, by condemnation. 72 C. 488. Necessity of compensation for damages. 72 C. 420; 75 C. 343; 76 C. 315. Basis of award of damages; interest. 72 C. 276. Discontinuance of old highway and construction of new. 59 C. 407; 66 C. 211; 72 C. 420; 76 C. 58; 86 C. 561. Power of commissioners to order abutment built in highway; 72 C. 305; to order traffic transferred from branch to main line; 82 C. 135; to join two converging highways; 53 C. 367; apportionment of expense between city and railroad; 72 C. 276; between railroad and street railway. 75 C. 264. Entire expense may be imposed on railroad. 57 C. 167. Commissioners have sole jurisdiction to determine necessity of removal. 59 C. 402. Former statute permitting court to determine best means to remove, unconstitutional. 78 C. 301. State court followed in holding law valid as against landowner, which imposes portion of expense of raising grade and increasing trackage upon city. 178 U. S. 321. Cited. 100 C. 326; 111 C. 635; 143 C. 109.

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Sec. 13b-271. (Formerly Sec. 16-100a). Temporary grade crossings. The Commissioner of Transportation, on the application in writing of the the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough or on his own motion, may make all necessary orders concerning the establishment of a temporary grade crossing over the tracks of any railway during the period of construction of a permanent grade separation structure which will carry a highway over or under such tracks, provided the state, town, city or borough making such application shall bear the cost of any necessary signs, signals, gates, flagmen or other protective devices.
(1959, P.A. 52, S. 1; 1969, P.A. 768, S. 217; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 565, 571, 610.)
History: 1969 act substituted "commissioner of transportation" for "highway commissioner"; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", deleted "the commissioner of transportation" from list of those who may apply for orders establishing temporary grade crossings and added "or on his own motion", effective January 1, 1979; in 1981 Sec. 16-100a transferred to Sec. 13b-271.
See Sec. 13a-132 re alteration of railroad facilities required by highway construction.

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Sec. 13b-272. (Formerly Sec. 16-100b). Relocation of grade crossing. Notwithstanding any other provision of the general statutes, the Commissioner of Transportation, on the application in writing of the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough or on his own motion, may make all necessary orders regarding the relocation of an existing grade crossing where it can be shown that the crossing at the revised location will be in the interests of public safety, necessity and convenience due to improved highway alignment, gradient, sight distance or such other reason as will result in better traffic operations at the crossing, provided the state, town, city or borough making such application shall bear the cost of such relocation and the maintenance thereafter shall be borne in the same manner as prior to such relocation.
(1959, P.A. 52, S. 2; 1969, P.A. 768, S. 218; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 566, 571, 610; P.A. 82-100.)
History: 1969 act substituted "commissioner of transportation" for "highway commissioner" where appearing; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", deleted "the commissioner of transportation" from list of those who may make application for relocation of grade crossings and added "or on his own motion", effective January 1, 1979; in 1981 Sec. 16-100b transferred to Sec. 13b-272; P.A. 82-100 deleted provision which had excluded lines having more than four regularly scheduled passenger trains a day from provisions of section.

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Sec. 13b-273. (Formerly Sec. 16-101.) Elimination of grade crossings by removing railroad. Any railroad company may bring its petition in writing to the Commissioner of Transportation, alleging that public safety requires the elimination of the crossing of its railroad at grade by a highway or highways through the removal of such line of railroad between any two contiguous stations or any two points between which there is no station so as to coincide with some other line of railroad owned and operated by such company between the same two points or stations, and praying that the same may be ordered; whereupon the commissioner shall appoint a time and place for hearing the petition and shall give such notice thereof as he judges reasonable to such company and the municipalities in which such crossing and such two points or stations are situated. If, upon such hearing, it appears to the commissioner that proper and adequate service will be afforded to the public in the transportation of passengers and freight within the towns in which such line of railroad to be moved is located, he shall order the removal, and such railroad company shall thereupon have the right to remove its line of railroad to such other line and to abandon such portion of its railroad as may be removed to such other line and its franchise thereto.
(1949 Rev., S. 5490; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-101 transferred to Sec. 13b-273.
Annotation to former section 16-101:
Cited. 143 C. 109.

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Sec. 13b-274. (Formerly Sec. 16-102). Commissioner of Transportation may order removal of crossings. Land to be taken limited. The Commissioner of Transportation may, in the absence of any application therefor, when in his opinion public safety requires an alteration in any highway crossed at grade by a railroad or by railroads belonging to or operated by more than one company, after a hearing had upon such notice as he deems reasonable to the company or companies owning or operating such railroad or railroads and to the selectmen of the town, mayor of the city or warden of the borough within which such highway is situated and to the owners of the land adjoining such crossing, order such alterations in such highway as he deems best, and shall determine and direct by whom such alterations shall be made, at whose expense and within what time; provided, in all cases arising under this section, one-fourth of the expense, including damages and special damages as aforesaid, shall be paid by the state and the remainder shall be assessed upon the railroad company or companies benefited by such order; and provided such alterations as are thus made at the primary instance of the commissioner shall not be ordered so as to direct the construction of more than one bridge in any one year on any one railroad. Railroad companies may take land for the purpose of this section in the manner provided by section 13b-256. No land shall be taken by any railroad company for the purpose mentioned in this section, except such as the commissioner finds to be necessary for such purpose; but no such taking need be based upon any special finding that public necessity and convenience require such taking.
(1949 Rev., S. 5491; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 00-148, S. 39.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-102 transferred to Sec. 13b-274; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).
Annotation to former section 16-102:
Cited. 100 C. 326. See note to section 13b-270.

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Sec. 13b-275. (Formerly Sec. 16-103). Petition for elimination of dangerous condition at crossings. Hearing. Any public service company or companies whose tracks cross over, under or upon a state highway or any other main highway leading from one town to another, the municipality within which such crossing is located may bring a petition in writing to the Commissioner of Transportation for authority to eliminate any dangerous condition which exists at such crossing, and said commissioner shall thereupon appoint a time and place for hearing such petition or the commissioner may, on his own motion set such hearing and shall give such notice thereof to such company or companies and to any public service company having tracks, wires, poles or other fixtures located in or adjacent to such highway at or near such crossing, and to such municipality, to all adjoining land owners whose property would be affected as he judges reasonable. The petitioner shall file with such petition plans and specifications for, and an estimate of the cost of, removing such dangerous condition, including the cost of all labor, materials and engineering services and of the taking of any land or interest in land that may be necessary, together with the names and addresses of all persons or corporations whose land would be affected by the elimination of such dangerous condition.
(1949 Rev., S. 2251; 1969, P.A. 768, S. 219; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 567, 571, 610.)
History: 1969 act substituted "commissioner of transportation" for "highway commissioner" where appearing; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 deleted "commissioner of transportation" from those who may bring petitions, substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" and added "or the commissioner may, on his own motion set such hearing" and further deleted the commissioner of transportation from those to whom notice of hearing to be given, effective January 1, 1979; in 1981 Sec. 16-103 transferred to Sec. 13b-275.
Annotations to former section 16-103:
This act is in addition to other methods of removing grade crossings, but is the only method open to the highway commissioner. 100 C. 326. Cited. 113 C. 496.

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Sec. 13b-276. (Formerly Sec. 16-104). Elimination of dangerous condition. The Commissioner of Transportation, if he finds that a dangerous condition exists at such crossing, except a dangerous condition arising out of improper or inadequate maintenance, shall issue such order to such municipality or to any such public service company directing the removal, change or relocation of such crossing, highway, tracks, pipes, wires, poles or other fixtures or tree or building or other structure, as may be necessary to eliminate such dangerous condition; and shall apportion the cost thereof among such public service company or companies, such municipality and the state, and shall determine the conditions and the time and manner of the payment of such apportionments, provided the portion of the cost to be paid by such public service company in the elimination of any such dangerous conditions on state maintained highways shall not exceed ten per cent. The party or parties ordered by said commissioner to perform the work necessary to remove such dangerous condition shall serve written notice, at least thirty days prior to the approximate date of the commencement of such work, upon all other parties in interest, including any public service company whose plant is involved or affected by such work, and any such public service company shall provide such means as may be necessary for the continued use of such plant in such manner as to best serve the interests and convenience of the public.
(1949 Rev., S. 2252; 1957, P.A. 499; 1969, P.A. 768, S. 220; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 568, 571, 610.)
History: 1969 act substituted "commissioner of transportation" for "highway commissioner"; P.A. 75-486 substituted "public utilities control authority" and "authority" for "commission", i.e. public utilities commission, where appearing, effective December 1, 1975; P.A. 77-614 substituted "the commissioner of transportation" for "said public utilities control authority" and "commissioner" for "authority" and deleted the "commissioner of transportation" from those to whom orders shall be issued, effective January 1, 1979; in 1981 Sec. 16-104 transferred to Sec. 13b-276.
Annotations to former section 16-104:
Applies to any dangerous condition. 100 C. 331. Cited. 113 C. 496; 143 C. 109.

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Sec. 13b-277. (Formerly Sec. 16-105). Appeal. Any public service company or municipality may appeal from any order of the Commissioner of Transportation issued under the provisions of sections 13b-275 and 13b-276 as provided in section 4-183.
(1949 Rev., S. 2253; 1969, P.A. 768, S. 221; 1971, P.A. 870, S. 44; P.A. 75-486, S. 1, 69; P.A. 76-436, S. 361, 681; P.A. 77-603, S. 43, 125; P.A. 77-614, S. 569, 587, 610; P.A. 78-303, S. 85, 136.)
History: 1969 act substituted "commissioner of transportation" for "highway commissioner"; 1971 act substituted "court of common pleas" for "superior court", effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 76-436 substituted "superior court" for "court of common pleas", added reference to chapter 54 and deleted reference to Secs. 16-37 and 16-38, effective July 1, 1978; P.A. 77-603 provided for appeal under Sec. 4-183 instead of Secs. 16-35 to 16-39, inclusive; P.A. 77-614 and P.A. 78-303 deleted "commissioner of transportation" from those who may appeal and substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-105 transferred to Sec. 13b-277.
Annotations to former section 16-105:
See 100 C. 323. Court may grant relief only if commission acted illegally or abused its powers. 113 C. 502.

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Sec. 13b-278. (Formerly Sec. 16-106). Not to affect other provisions concerning removal of grade crossings. The provisions of sections 13b-275, 13b-276 and 13b- 277 shall not be construed to affect the provisions of any other statute concerning the removal of grade crossings.
(1949 Rev., S. 2254.)
History: In 1981 Sec. 16-106 transferred to Sec. 13b-278.
See note to section 13b-275.

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Sec. 13b-279. (Formerly Sec. 16-107). Highway crossed by more than one railroad. When the Commissioner of Transportation, upon an application brought under the provisions of section 13b-270, finds that any highway crosses or is crossed by the tracks of more than one railroad, and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, he shall give notice to all the companies operating such railroads to appear before him and be heard upon the application. After such notice and hearing, said commissioner shall determine what alterations shall be made, if any, so as to separate the grades of all of such crossings at the same time and shall determine by whom such work shall be done, and he shall apportion the expense to be borne by the railroad companies among such companies in such manner as he deems equitable.
(1949 Rev., S. 5492; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-107 transferred to Sec. 13b-279.

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Sec. 13b-280. (Formerly Sec. 16-108). Assessment of damages. If the party by whom such changes in the highway are to be made cannot agree with the owner of land or other property to be taken or removed under such decision of the Commissioner of Transportation, the damages shall be assessed in the same manner as is provided in case of land taken by railroad companies and the expense of such assessment shall be paid in the same manner as the expense of the alterations.
(1949 Rev., S. 5493; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-108 transferred to Sec. 13b-280.
Annotations to former section 16-108:
This section gives town power to take land for change in highway. 57 C. 102. See 66 C. 222; note to section 13b-270.

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Sec. 13b-281. (Formerly Sec. 16-109). Obstruction of view adjoining grade crossing. If the view of that portion of the tracks of any railroad, crossing a highway at grade, which adjoins such crossing, is obstructed by trees, shrubbery or embankments of earth, the Commissioner of Transportation may, after a hearing upon such notice as the commissioner deems reasonable to the company or companies owning or operating such railroad or railroads and to the selectmen of the town, mayor of the city or warden of the borough wherein such crossing is situated and to the owners of the land adjoining such crossing, make such orders for or concerning the removal of any such obstruction as will afford an unobstructed view of such railroad tracks and such highway for a distance of at least one hundred and fifty feet in each direction from such crossing. For the purposes of this section, land or easements in land may be taken in the manner provided in section 13b-256 provided such orders are in accordance with current American Association of State Highway and Transportation Officials' Policy for vehicles to safely traverse a railroad crossing from a stopped position. All orders of the commissioner pursuant to the provisions of this section shall specifically set forth the limits within which land may be taken and the nature, purposes and specific limits of the easements so authorized to be taken. The expense occasioned by any order of said commissioner under the provisions of this section shall be paid by the owner of the land upon which the obstruction is located.
(1949 Rev., S. 5494; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 00-148, S. 11, 39, 41.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-109 transferred to Sec. 13b-281; P.A. 00-148 made technical changes, deleted reference to "structures of any kind", required land or easements in land be taken in accordance with the current American Association of State Highway and Transportation Officials' Policy for vehicles to safely traverse a railroad crossing from a stopped position, and changed provision requiring that the railroad company pay an expense ordered by the commissioner to provision requiring such payment by "the owner of the land upon which the obstruction is located", effective May 26, 2000; (Revisor's note: P.A. 00-148 also repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).

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Sec. 13b-282. (Formerly Sec. 16-110). Change in location of highways crossed by a railroad. When any highway passes over or under a railroad, if the convenience and necessity of the public require a change in such highway, the town, city or borough in which such highway is located may bring a petition to the Commissioner of Transportation in the manner prescribed in section 13b-270, and, after the notice prescribed by said section, said commissioner shall proceed to a hearing on such matter and may make such order as he deems necessary for the convenience and necessity of the public or the safe and suitable operation of the railroad. For the purposes of this section, said commissioner shall have and exercise all powers of said commissioner concerning the removal of grade crossings, and land may be taken in the manner provided in section 13b-256. The party upon whom is imposed, by such order, the duty of making such changes in such highway may use the material and abutments of any existing bridge in the old highway in the construction of a bridge in the substituted or changed highway. The expense of any changes ordered as hereinbefore provided shall be apportioned, among the railroad company and the town, city or borough interested therein, in such manner as the commissioner deems equitable; but in no case shall an amount in excess of one-half of the expense of such alteration, including land damages or special damages, be assessed upon any such town, city or borough.
(1949 Rev., S. 5495; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-110 transferred to Sec. 13b-282.
Annotations to former section 16-110:
Commissioners may order abutments of railroad passing over a highway to be placed further apart; apportionment of "cost." 91 C. 472. Does not give railroad a lien on a street railway company for latter's share of cost. 101 C. 23.

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Sec. 13b-283. (Formerly Sec. 16-111). Repair of structures over or under railroad tracks. Insurance coverage for municipalities carrying out such repairs. Expenditures for reconstruction, repair or replacement of structures. Expenditures for elimination of highway-railroad grade crossings. Acquisition of land or rights of ingress to or egress from land. Order to readjust, relocate or remove facility. (a) Railroad companies shall keep in repair all structures under their tracks at any highway crossing. The state shall maintain and repair any structure (1) which spans a railroad and which supports a municipal road or (2) which spans any rail right-of-way which has been purchased by any state agency. The Commissioner of Transportation shall adopt regulations in accordance with the provisions of chapter 54, establishing a method by which the cost of repairing and maintaining any structure provided for in subdivision (1) of this subsection shall be apportioned between the state and the municipality in which such structure is located. Any town, city or borough may repair such structures over the tracks of a railroad company located within such town, city or borough. For the purpose of obtaining liability insurance coverage insuring against any losses or injuries suffered during the performance of such repairs, such town, city or borough may, in lieu of purchasing a separate policy of insurance naming such railroad company as an additional insured, purchase a rider to be attached to any existing insurance policy providing such liability coverage, naming such railroad company as an additional insured. The state shall maintain and repair the structures over any railroad on state- maintained highways constructed after January 1, 1955.
(b) The Commissioner of Transportation may expend up to the amount available annually from funds provided by specific appropriation from the Transportation Fund or other state funds in addition to any available federal funds to reconstruct, repair or replace with a new structure, together with the minimum approach work required for replacement, any existing structure carrying a town-maintained road or highway over a railroad when such structure is deemed critical from a traffic safety or load-carrying standpoint. The expense of any roadway construction on the approaches beyond what is required to build the new structure shall be paid by the town, if the work is done by or approved by the town.
(c) The Commissioner of Transportation may expend up to the amount made available from funds provided by specific appropriations from the Transportation Fund or other state funds in addition to any available federal funds to eliminate highway-railroad grade crossings by construction of grade separation structures and necessary approaches or by relocation of town-maintained roads or highways to provide access to existing grade separation structures.
(d) The Commissioner of Transportation, as he deems necessary, may acquire land or rights of ingress to and egress from land abutting any project which he undertakes pursuant to this section in the same manner and with like powers as authorized and exercised by said commissioner in acquiring land for state highway purposes.
(e) The Commissioner of Transportation, as he deems necessary, may issue an order to any utility, as defined in section 13a-98f, to readjust, relocate or remove its facility, at its own expense, from any structure or road abutting a structure in order to perform maintenance or repairs pursuant to this section and such utility shall readjust, relocate or remove its facility promptly in accordance with such order, except that the cost of readjusting, relocating, or removing any municipal utility shall be apportioned on the same basis as the cost of constructing such structure or road abutting such structure. The cost of readjusting, relocating or removing any public service facility which abuts or is within, on, over or under any state highway shall be apportioned in accordance with the provisions of section 13a-126.
(1949 Rev., S. 5496; 1953, S. 2611d; 1957, P.A. 433, S. 1; 1971, P.A. 775; P.A. 73-133, S. 1, 2; P.A. 75-381, S. 1, 2; P.A. 77-151; P.A. 85-540; P.A. 88-364, S. 24, 123; P.A. 94-188, S. 8.)
History: 1971 act deleted requirement that railroad companies keep approaches to crossings repaired when such approaches are made with planked surfaces and that companies maintain and repair replacement structures for road overpasses and structures erected as a result of the elimination of grade crossings and provided for commissioner of transportation to expend up to five hundred thousand dollars annually from the highway fund to reconstruct or replace any existing structure carrying state or town maintained road over a railroad which is deemed critical from a safety standpoint and to eliminate grade crossings; P.A. 73-133 deleted the five hundred thousand dollars provided for in the previous amendment and substituted "the amount available from funds provided by specific appropriation"; P.A. 75-381 provided for Subsecs. (a), (b) and (c) from existing section, substituted "transportation fund" for "highway fund" and provided that any roadway construction in the approaches beyond that required to build the new structure to be paid for by town if work done by or approved by the town; P.A. 77-151 provided in Subsec. (a) for repair of structures by town, city or borough and for the purchasing of insurance (rider to existing policy) insuring against losses suffered during performance of such repairs in lieu of purchasing a separate policy; in 1981 Sec. 16-111 transferred to Sec. 13b-283; P.A. 85-540 took responsibility for the maintenance and repair of structures over tracks from railroad companies, required the state to maintain and repair any structure which spans a railroad and which supports a municipal road or which spans any rail right-of-way purchased by a state agency, required the commissioner of transportation to adopt regulations apportioning the cost of repair and maintenance among the state, municipality and owner of the structure, and allowed the commissioner to expend funds appropriated from state funds other than the transportation fund for the purposes of carrying out the provisions of Subsecs. (b) and (c); P.A. 88-364 made technical change in Subsec. (a); P.A. 94-188 amended Subsec. (a) to provide that regulations be adopted wherein costs would be apportioned "between" the state "and" the municipality, deleting the provision that costs would be apportioned "among" the state, the municipality and the railroad company, and added new Subsecs. (d) and (e).
Annotations to former section 16-111:
Effect of this section. 62 C. 492. Liability of railroad for damages due to its neglect. 70 C. 396; 74 C. 475. This section not applicable to street railways. 94 C. 239. Under former statute, railroad was not obliged to repair and maintain roadway of bridge. 100 C. 437. See note to section 13a-149. Cited. 124 C. 677. Railroad is liable at common law for negligence in permitting dangerous condition on its bridge over a highway; section 13a-149 (formerly Sec. 13-11) does not apply. 126 C. 558. This section requires the railroad to keep in repair all structures over or under its tracks at any highway crossing. A contract requiring the city to do so is contrary to the statute. 150 C. 366.
In action against railroad for failure to maintain such structure, notice must be given as a condition precedent. 7 CS 245.

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Sec. 13b-284. (Formerly Sec. 16-112). Reimbursement of towns and cities. The amount assessed by any order of the Commissioner of Transportation, or the Superior Court upon appeal therefrom, against any town or city in this state, for the removal of a grade crossing in a highway which was in existence before the construction of the railroad, shall be reimbursed by the state to such town or city. Such town or city shall present its claim to the Comptroller, with proofs and certificates to his satisfaction from the commissioner; and the Comptroller shall thereupon draw his order on the Treasurer in favor of such town or city for the amount which he finds due on such claim.
(1949 Rev., S. 5497; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-112 transferred to Sec. 13b-284.

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Sec. 13b-285. (Formerly Sec. 16-113). Change of highway near railroad; petitions by municipality. When a railroad has been laid out, located or constructed so near a highway as, in the opinion of the selectmen of any town, the mayor of any city or the warden of any borough within which such highway is situated, to endanger public travel, such selectmen, mayor or warden may bring his petition to the Commissioner of Transportation, setting forth the facts; and the commissioner, after reasonable notice to the railroad company to appear and be heard in relation thereto, shall, if in his opinion public safety so requires and a change of the location of such highway is practicable, forthwith order such company to make such change, in such manner as the commissioner may determine. The expense of such change, including the cost of fencing such relocated highway, shall, if such railroad has not been constructed at the time of bringing such petition, be paid by the company, but, if the railroad has been constructed at such time, one-half of such expense shall be paid by the company and one-half by such town, city or borough.
(1949 Rev., S. 5498; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-113 transferred to Sec. 13b-285.
See Sec. 13b-288 re inclusion of section's provisions as part of railroad company's charter.

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Sec. 13b-286. (Formerly Sec. 16-114). Change of highway; petition by railroad. Upon petition brought by any railroad company, the Commissioner of Transportation may order the location of a highway to be changed, when he finds that such location endangers public travel; and he may make orders for the relocation of such highway to the same extent as if such petition were brought under section 13b-285; provided, whenever a petition is brought under the provisions of this section, the entire expense of making the changes shall be paid by such company.
(1949 Rev., S. 5499; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-114 transferred to Sec. 13b-286.

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Sec. 13b-287. (Formerly Sec. 16-115). Land may be taken for change. Whenever the Commissioner of Transportation orders a change in the location of a highway under the provisions of section 13b-285 or 13b-286, and the parties ordered by the commissioner to do the work cannot obtain the necessary land by agreement, the company, or the town, city or borough ordered to do the work, may take the land necessary for carrying out the orders of the commissioner in the manner provided in section 13b-256.
(1949 Rev., S. 5500; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-115 transferred to Sec. 13b-287; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).

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Sec. 13b-288. (Formerly Sec. 16-116). Statutes made part of charters. The provisions of sections 13b-206, 13b-248, 13b-249, 13b-250, 13b-253, 13b-263, 13b-265, 13b-285, 13b-289 and 13b-368 shall be deemed a part of the charter of every company authorized to construct, own or operate any railroad within this state, and all powers and privileges conferred and all duties and obligations imposed upon such companies by said sections are conferred or imposed upon such companies in the same manner and to the same extent as if the provisions of said sections were parts of the charters of such companies.
(1949 Rev., S. 5501; P.A. 00-148, S. 39.)
History: In 1981 Sec. 16-116 transferred to Sec. 13b-288; P.A. 00-148 repealed Secs. 13b-247, 13b-256, 13b-258, 13b- 259 and 13b-266 and, in so doing, specifically authorized deletion of references to said repealed sections in this section.
See Sec. 13b-264 re consideration of provisions re branch lines as addition to and amendment of all railroad companies charters.
See note to Sec. 13b-298.

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Sec. 13b-289. (Formerly Sec. 16-117). Easements and private crossings may be condemned. The owner of any private crossing at grade of the tracks of a railroad company, or of any right, title, interest, easement or privilege in land used by a company for railroad purposes, or any such company whose land is encumbered by any such private rights, may bring a written petition to the Commissioner of Transportation for the condemnation of such rights, alleging that public safety requires the elimination of such encumbrance. The commissioner shall thereupon appoint a time and place for hearing the petition, and shall give such notice thereof as he judges reasonable to the owner of such rights, to the company and to the owners of land adjoining the highway to be laid out as a substitute for such private crossing, as hereinafter provided, if any such highway is to be laid out. Upon the hearing of such petition, if public safety so requires, the commissioner shall authorize the company to condemn such private rights, and thereupon the company may proceed to condemn the same in the manner provided by law for the taking of lands by such companies. Upon the hearing of such petition, if the commissioner is of the opinion that public convenience and necessity require a highway on account of the elimination of such private rights in the land of the railroad company, he may lay out a highway sufficient to satisfy public convenience; but such highway shall not be laid out if the land of a private owner, with which the encumbrance is associated, is already connected with a public highway. If the commissioner orders a new highway, he shall assess the expense of making the same, including the damages to any person whose land is taken, proportionately, upon the person and parties especially benefited thereby, but at least one-half of such expense shall be paid by the company. The commissioner may order the elimination of any private crossing at grade by the substitution of an overhead or underneath crossing, in which case the expense of making such change, including land damages, shall be paid by the company.
(1949 Rev., S. 5502; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-117 transferred to Sec. 13b-289.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotations to former section 16-117:
Suit by company for injunction against removal of fence closing farm crossing, a sufficient suit under former provisions. 60 C. 200. Cited. 143 C. 109.

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Sec. 13b-290. (Formerly Sec. 16-118). Highway crossing discontinued. When the use of a highway crossing over a railroad has been abandoned for fifteen years, such crossing shall be deemed discontinued.
(1949 Rev., S. 5503.)
History: In 1981 Sec. 16-118 transferred to Sec. 13b-290.

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Sec. 13b-291. (Formerly Sec. 16-119). Private crossing to be restored. When a private crossing has been removed by a railroad company without the consent of the owner or owners, the company from whose tracks such crossing has been removed shall restore the same in good order upon the written request of the owner or owners, and, for failure so to do, such company shall forfeit five dollars per day to the person or persons owning or having a right to use such crossing, such forfeiture to begin thirty days from the date of such notice.
(1949 Rev., S. 5504.)
History: In 1981 Sec. 16-119 transferred to Sec. 13b-291.

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Sec. 13b-292. (Formerly Sec. 16-119a). Private crossings; protection requirements. (a) A private crossing is defined as any private way, private drive or any facility other than a public highway for use of pedestrians, motor vehicles or other types of conveyances, which crosses at grade any railroad track. On and after June 20, 1961, no private crossing shall be established, except that the Commissioner of Transportation may authorize the establishment of a private crossing if it is deemed necessary for the economic welfare of the community but only after imposing specific requirements for the protection of persons using the crossing. The cost of meeting such protection requirements shall be borne by the party requesting such private crossing or the town, city or borough in which such crossing is located may, in its discretion, assume all or part of such cost. This section shall not apply to a private crossing to be used by a railroad company in connection with its operation or for access to its facilities.
(b) Each town, city or borough shall erect and maintain traffic control devices within the limits of the railroad right-of-way at each private crossing, or each town, city or borough shall require the person, association or corporation that owns or has the right to use such crossing to erect and maintain such traffic control devices at each private crossing. Such order shall specify the time within which such protective measures shall be installed. Upon failure of a person, association or corporation to comply with an order issued pursuant to this subsection, the required installation shall be made by the authority issuing such order and the expense thereof shall be a lien on premises owned by such person, association or corporation. If under the provisions of subsection (d) the Commissioner of Transportation and the State Traffic Commission order the erection of traffic control devices at a private crossing and the town, city or borough within which such crossing is located fails to erect or have erected such devices within one hundred and eighty days of such order, the Commissioner of Transportation and the State Traffic Commission shall order the railroad to erect such devices and the expense thereof shall be a lien on premises owned by the person, association or corporation that owns or has the right to use such crossing. If the Commissioner of Transportation and the State Traffic Commission prescribe traffic control measures in addition to traffic control devices, the town, city or borough shall invoke the provisions of this subsection for the purpose of complying with such order, and the cost thereof, if one thousand dollars or less, shall be borne one-half by the town, city or borough and one-half by the property owner and, if over one thousand dollars, shall be borne one-sixth by the town, city or borough, one- sixth by the state, one-third by the property owner, and one-third by the railroad.
(c) The town, city or borough within which any private way leads to a private crossing from a town, city or borough highway, and the Commissioner of Transportation, in the case of any private way which leads to a private crossing from a state highway, shall erect and maintain at the entrance to such private way a suitable sign warning of the railroad grade crossing.
(d) The State Traffic Commission and the Commissioner of Transportation shall prescribe the nature of traffic control devices and traffic control measures to be erected at each private crossing and at approaches thereto.
(e) The Commissioner of Transportation shall make all necessary orders for the closing of any private crossing if he finds that the necessity for such crossing has ceased or that such private crossing constitutes a hazard to public safety. The commissioner may order the consolidation into one crossing of two or more private crossings located in close proximity to each other.
(f) The provisions of section 13b-281 shall apply to private crossings.
(g) Representatives of towns, cities, boroughs, railroads and state agencies are authorized to enter private ways, drives or other facilities to the extent required to perform their duties pursuant to this section.
(h) Any person who fails to comply with traffic control measures installed pursuant to this section shall be fined not more than one hundred dollars.
(1961, P.A. 513; 1969, P.A. 768, S. 222; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: 1969 act substituted in Subsec. (c) "commissioner of transportation" for "state highway commissioner"; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" where appearing and "commissioner" for "authority" in Subsec. (e), effective January 1, 1979; in 1981 Sec. 16-119a transferred to Sec. 13b-292.
Annotations to former section 16-119a:
Test under this section is whether in fact at the time of examination the road is other than a public highway. Regardless of its early history, the record supports the conclusion the road in dispute is now a public highway. 154 C. 674.
Subsec. (b):
Municipality not liable to individual for failure to maintain traffic control device. 25 CS 124.
Annotations to present section:
Cited. 33 CA 775, 779.
Subsec. (d):
Cited. 33 CA 775, 779.

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Sec. 13b-293. (Formerly Sec. 16-120). Maintenance of changed highway. When the Commissioner of Transportation, in accepting the layout of any railroad company, has in such acceptance provided that portions of such railroad shall not be constructed until certain highways have been relocated or changed by such company, and the obligation of repairing or maintaining the whole or any part of such highways is imposed upon any person or corporation other than the town, city or borough within which such highway may be located, such provision shall be binding upon the company and it shall maintain and repair such highway in the same manner and to the same extent that such other person or corporation was bound to repair and maintain the same before such relocation or change. For the purposes of this section, land may be acquired in the manner provided by section 13b-256. Any such company may use the material and abutments of any existing bridge in the old highway in the construction of a bridge in the substituted highway and shall provide suitable temporary accommodations for public travel over the old highway until the new highway is completed and shall be solely responsible for injuries resulting from its negligence in the matter of such temporary accommodations. The selectmen of any such town may discontinue such parts of the old highway as in their judgment are not of public convenience and necessity.
(1949 Rev., S. 5505; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-120 transferred to Sec. 13b-293; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).
Annotation to former section 16-120:
When the jurisdiction of railroad commissioners and municipal authorities conflict, the commissioners prevail. 66 C. 222.

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Sec. 13b-294. (Formerly Sec. 16-121). Guards for rails at crossings. When any railroad is crossed by a highway at the same level, the company operating such railroad shall, at its own expense, so guard its rails by plank or otherwise as to secure a safe and easy passage across its road. If the selectmen of any town, the mayor of any city or the warden of any borough represents in writing to the Commissioner of Transportation that a company has failed to comply with the requirements of this section in regard to any highway within such town, city or borough, said commissioner shall examine such crossing and make such order as he deems necessary to carry out the provisions of this section.
(1949 Rev., S. 5506; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-121 transferred to Sec. 13b-294.
Annotation to former section 16-121:
City has no power to repair crossing neglected by railroad; remedy is through commissioners. 70 C. 397.

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Sec. 13b-295. (Formerly Sec. 16-122). Overhead bridge guards. Penalty. Each railroad company shall, if required by the Commissioner of Transportation, erect and thereafter maintain suitable bridge guards at each bridge over its railroad when the overhead structure is less than eighteen feet in height above the track. Such bridge guards shall be approved by the commissioner and be erected and adjusted to his satisfaction. Any company failing to comply with the provisions of this section shall forfeit fifty dollars to the state for each month of continuance in such failure.
(1949 Rev., S. 5507; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-122 transferred to Sec. 13b-295.

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Sec. 13b-296. (Formerly Sec. 16-123). Guard rails on bridges. Penalty. When the Commissioner of Transportation deems it necessary for the safety of persons traveling upon any railroad in this state that guard rails or any other appliances to secure safety should be placed upon any bridge used by the company operating such railroad, the commissioner may order such company to place such guards upon such bridge as he deems necessary. Any such company which fails to comply with such order shall forfeit to the state twenty-five dollars for each day of such failure.
(1949 Rev., S. 5508; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-123 transferred to Sec. 13b-296.

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Sec. 13b-297. (Formerly Sec. 16-124). Footways on railroad bridges. When, in the opinion of the selectmen of any town or of the common council of any city, a footway upon the line of any railroad bridge or causeway within the limits of such town or city would be of public convenience and the railroad company owning such bridge or causeway does not consent thereto, such selectmen or common council may call out the Commissioner of Transportation, who, after due notice to such company, shall inquire into the facts, at the expense of such town or city. If the commissioner finds that a footway along such bridge or causeway would be of public convenience, he shall authorize such town or city to construct or maintain the same at its own expense and to attach the same for support to such bridge or causeway. Such footway shall be constructed entirely outside of the bridge or causeway to which it is attached and so constructed, maintained and used as not to interfere with the use of such bridge or causeway.
(1949 Rev., S. 5509; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-124 transferred to Sec. 13b-297.

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Sec. 13b-298. (Formerly Sec. 16-125). Cattle guards. Each railroad company shall construct suitable cattle guards and fences at all railroad crossings of passways or highways to prevent cattle from passing upon its railroad, except when the Commissioner of Transportation deems it unnecessary.
(1949 Rev., S. 5510; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-125 transferred to Sec. 13b-298.
Annotation to former section 16-125:
This section operates as an amendment to all railroad company charters. 27 C. 479.

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Sec. 13b-299. (Formerly Sec. 16-126). Fences. Each company shall erect and maintain fences, on the sides of the railroads operated by it, at such places and within such times as the Commissioner of Transportation directs.
(1949 Rev., S. 5511; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-126 transferred to Sec. 13b-299.
Annotations to former section 16-126:
Where act authorizing commissioners' order to fence was repealed, order became void and was not revived by reenactment of same statute. 49 C. 139. When fences were to be erected where ordered by commissioners, company was not obliged to fence until order was made. 50 C. 128. Where there were repeated grants of power, and company acted under last, it was held subject to obligation to fence, which did not apply to companies incorporated under earlier grants. 51 C. 403. Unless required by special statute, company is not bound to maintain such fences as will keep boys off the track. 53 C. 473. Company not required to maintain fence between its tracks and those of another company. 57 C. 442. Meaning of word "constructed." 87 C. 57.

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Sec. 13b-300. (Formerly Sec. 16-127). Order for fencing. The Commissioner of Transportation shall make special investigation as to the condition of the fences on the line of any railroad, when so requested in writing, and, if he deems it necessary, shall issue his order directing the company operating such railroad to erect or repair such fences. Such order shall specify the place or places at which, the manner in which and the time within which the fences are to be erected or repaired and shall be served upon the company. Such service may be made by mailing a registered or certified letter addressed to the secretary of the company.
(1949 Rev., S. 5512; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 96-180, S. 35, 166.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-127 transferred to Sec. 13b-300; P.A. 96-180 made a technical change, effective June 3, 1996.

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Sec. 13b-301. (Formerly Sec. 16-128). Penalty. Damage. If any railroad company neglects to comply with any such order, it shall forfeit to the state one hundred dollars for each month of such neglect. Any person who, without neglect on his part, suffers damage by reason of the neglect of any company to erect or maintain fences as required by law may recover such damage from such company.
(1949 Rev., S. 5513.)
History: In 1981 Sec. 16-128 transferred to Sec. 13b-301.
Annotation to former section 16-128:
This section should receive a reasonable rather than a literal construction. 57 C. 444.

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Sec. 13b-302. (Formerly Sec. 16-129). When adjoining owner neglects duty to fence. When it is the duty of the owner of land adjoining any railroad to erect or maintain a fence between such land and such railroad and such owner has neglected to erect or maintain the same and it has been erected or maintained by the railroad company in conformity to the order of the Commissioner of Transportation, such company may collect the cost of erecting and maintaining such fence from such owner. Such cost shall be a lien in favor of such company on such land, and such lien shall take precedence of any other lien or encumbrance on such land and may be foreclosed in the same manner as a mortgage lien, but shall not continue in force unless such company, within sixty days after the completion of such fence, lodges a certificate with the town clerk of the town in which such land is situated, describing such land and specifying the amount claimed as a lien thereon and the dates of the commencement and completion of such fence, which certificate shall be recorded by such clerk on the land records of such town.
(1949 Rev., S. 5514; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-129 transferred to Sec. 13b-302.

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Sec. 13b-303. (Formerly Sec. 16-130). Fences affected by contract. When by contract neither the owner of such land nor the railroad company can oblige the other to erect or maintain the fence, or such owner or his grantor has agreed not to require the railroad company to erect or maintain such fence, and such fence has been so erected or maintained by the company by order of the Commissioner of Transportation, such company may collect from such owner one-half of the cost of erecting and maintaining such fence, which amount shall be a lien on such land as provided in section 13b-302.
(1949 Rev., S. 5515; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-130 transferred to Sec. 13b-303.

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Sec. 13b-304. (Formerly Sec. 16-131). Roads operated by trustees. When any railroad is operated by a trustee or receiver, the duties and liabilities imposed and the rights conferred by sections 13b-299 to 13b-303, inclusive, upon companies are imposed and conferred upon such trustee or receiver. Each order of the Commissioner of Transportation upon such trustee or receiver shall be served by some indifferent person, by leaving a true and attested copy of such order, with or at the usual place of abode of such trustee or receiver, within six days of the date thereof.
(1949 Rev., S. 5516; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-131 transferred to Sec. 13b-304.

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Sec. 13b-305. (Formerly Sec. 16-132). Complaint by state's attorney for neglect of highway. When any railroad company neglects to construct any highway or bridge which it is its duty to construct, or to keep in repair any bridge, embankment, filling or abutment which it is its duty to maintain, the state's attorney in any judicial district in which the whole or any part of such highway, bridge, embankment, filling or abutment is situated shall make complaint thereof to the superior court for such judicial district, and further proceedings shall thereupon be taken against such company, similar to those required against a town neglecting to construct a road laid out by the Superior Court or to keep in repair a road within its limits which it is its duty to construct or keep in repair.
(1949 Rev., S. 5517; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted "judicial district" for "county" where appearing; in 1981 Sec. 16-132 transferred to Sec. 13b-305.
See Sec. 13a-69 re proceedings when towns disobey court order to construct or alter a highway.

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Sec. 13b-306. (Formerly Sec. 16-133). Property needed for changing road or bridge. Section 13b-306 is repealed, effective October 1, 2000.
(1949 Rev., S. 5518; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)

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Sec. 13b-307. (Formerly Sec. 16-134). Change of location of canals or watercourses. Upon petition brought by any railroad company, the Commissioner of Transportation may order the location of any canal or watercourse to be changed by such company for the purpose of enabling its railroad to be more advantageously constructed, maintained or operated, reasonable notice of such application having first been given to the owner or owners of such canal or watercourse; and such company shall have power, for the purpose of carrying out any order of the commissioner under this section, to take real estate in the manner provided in section 13b-256. Whenever the location of a canal or watercourse is changed as provided herein, the flow of water therein shall not in anywise be interrupted, diminished or impaired, and the cost of making such change and of providing a new channel for such canal or watercourse, together with the cost of the walls, embankments, headgates, flumes and other structures necessary to render such canal or watercourse as safe and efficient as before such change, shall be entirely borne by the railroad company which petitioned for such change. The provisions of this section shall not apply to the canal of any corporation required by its charter to maintain its canals, or any of them, in a condition for navigation, nor to the canal of any corporation chartered for the purpose of improving the boat navigation of the Connecticut River or for the purpose of widening and deepening the channel of said river; but in such cases the provisions of this section shall apply when the written consent of any such corporation to the proposed change has first been obtained.
(1949 Rev., S. 5519; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 00-148, S. 39.)
History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-134 transferred to Sec. 13b-307; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b- 306 and, in so doing, specifically required the Revisors to delete references to said repealed sections in certain sections of the general statutes, including this section. The Revisors were unable to delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute).

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Sec. 13b-308. (Formerly Sec. 16-135). Commercial sidetracks or branch line tracks at grade. The Commissioner of Transportation, on the application in writing of the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough, may make all necessary orders concerning the laying of any commercial or industrial sidetrack or sidetracks, or branch line tracks used only for freight traffic, at grade, upon or across any highway within the limits of such town, city or borough and may also make all necessary orders concerning the laying of any highway, at grade, upon or across any commercial or industrial sidetrack or sidetracks, or branch line tracks used only for freight traffic, within the limits of such town, city or borough.
(1949 Rev., S. 5520; 1957, P.A. 564, S. 1; 1959, P.A. 22, S. 1; 1969, P.A. 768, S. 223; P.A. 75-486, S. 1, 69; P.A. 77- 614, S. 570, 571, 610.)
History: 1959 act added branch line tracks used for freight traffic; 1969 act substituted "commissioner of transportation" for "highway commissioner"; P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and deleted "commissioner of transportation" from officials authorized to make application, effective January 1, 1979; in 1981 Sec. 16-135 transferred to Sec. 13b-308.
Annotations to former section 16-135:
Cited. 103 C. 206. Commission specifically authorized to permit laying of sidetracks at grade. History discussed. 143 C. 109.

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Sec. 13b-309. (Formerly Sec. 16-136). Abandonment of station. No company shall abandon any station on its railroad, after the same has been established for one year, except with the approval of the Commissioner of Transportation, given after a public hearing, notice of which shall be posted conspicuously in such station for one month previous to the hearing. The commissioner, upon petition of not fewer than twenty-five affected persons, shall hold his hearing at such station.
(1949 Rev., S. 5521; 1961, P.A. 35; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: 1961 act removed requirement that hearing be held at station except on petition of not fewer than twenty-five affected persons; P.A. 75-486 substituted "public utilities control authority" and "authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-136 transferred to Sec. 13b-309.
Annotations to former section 16-136:
Place where trains stopped for passengers and mail, but where no tickets were sold, held to be a station. 37 C. 153. Commissioners' order for discontinuing station held void because conditional. 41 C. 356. Order for discontinuing old station on erection of new valid. 42 C. 56; 104 U. S. 1. Statute requiring trains to stop at a given station upheld. 43 C. 351. Law is valid. 104 U. S. 1.

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Sec. 13b-310. (Formerly Sec. 16-137). Change of station when line is moved. Whenever any company changes the location of the track of any railroad owned or leased by such company, for the purpose of improving the line of the railroad, and desires to abandon the former line and there is a railroad station upon the line which it is proposed to abandon, such company may apply in writing to the Commissioner of Transportation for authority to abandon the use of such station, after a new station has been provided at some convenient point upon the new line of such railroad. Whenever such application is made, the commissioner shall fix a time and place for a hearing and shall give notice of the same by causing to be posted at least thirty days before the time of such hearing, in the railroad station which it is proposed to abandon, a copy of such application and order of notice and may, upon such hearing, fix the location of a new station upon the new line. When such new station has been constructed and opened for the use of the public, such company may abandon the old station.
(1949 Rev., S. 5522; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" or "authority" for "commission", i.e. public utilities commission, where appearing, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "the commissioner" for "the authority", effective January 1, 1979; in 1981 Sec. 16- 137 transferred to Sec. 13b-310.

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Sec. 13b-311. (Formerly Sec. 16-138). Rebuilding or repairing of station. Whenever any freight or passenger station on any railroad is destroyed or rendered unfit for use, the company owning such station shall rebuild or repair the same within a reasonable time unless excused by the Commissioner of Transportation. If such company neglects so to do, the commissioner shall make such order regarding such rebuilding or repairing as he deems equitable, and such order may be enforced by mandamus brought in the name of the state.
(1949 Rev., S. 5523; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-138 transferred to Sec. 13b-311.

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Sec. 13b-312. Owner of station to comply with structural guidelines and standards. Any person, firm or corporation owning a railroad station in use as such in this state shall comply with all structural guidelines and standards for railroad stations, established by the state Department of Transportation, concerned with, but not limited to, the health, safety and security of all individuals using such stations.
(P.A. 79-164.)

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Sec. 13b-313. (Formerly Sec. 16-139). Petition to stop trains. When any railroad company refuses to stop any of its passenger trains at any station, the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough in which such station is situated may make application in writing to the Commissioner of Transportation praying that such company may be ordered to stop the train or trains mentioned in such application at such station; and said commissioner shall order such notice as he deems reasonable to be given to such municipal authorities and to the railroad company of the time and place of hearing and shall hear such application. Within ten days after the final date of such hearing, the commissioner shall make such order in the premises as he deems equitable, and such order shall be communicated to the railroad company and to such applicants.
(1949 Rev., S. 5524; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-139 transferred to Sec. 13b-313.

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Sec. 13b-314. (Formerly Sec. 16-139a). Maintenance of station by municipality. Any town, city or borough may, by ordinance, provide for the maintenance of any railroad passenger station building and grounds within its limits, or may do so indirectly, by paying the railroad to do such maintenance work, and may make appropriations for such purposes.
(1963, P.A. 464.)
History: In 1981 Sec. 16-139a transferred to Sec. 13b-314.

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Sec. 13b-315. Enforcement of statutory provisions and orders of commissioner. On application of the Commissioner of Transportation or of the Attorney General, the superior court for the judicial district of Hartford may enforce, by appropriate decree or process, any provision of this chapter and chapters 245 and 245b or any valid order of the Commissioner of Transportation pursuant to these chapters.
(P.A. 81-435, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
See Secs. 13b-235, 13b-375 for identical provisions relating to railroads and railways generally and railroad operations respectively.

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Secs. 13b-316 to 13b-323. Reserved for future use.
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