Table of Contents Secs. 16-191 to 16-203. Location in highway; payment for certain repairs. Failure to repair or pay costs. Agreements for repairs. Company liable for defects.
Notice to commissioner of repairs on highway. Apportionment of expense of repair
of highway. Appeal. Liability of railroad companies not affected. Location of tracks
and equipment. Company to pay cost of bridge maintenance over amount required
for highway traffic. Relocation on private way. Supervision of construction and
equipment. Orders on company's application. Sections 16-191 to 16-203, inclusive,
are repealed. Sec. 16-204. Right of certain companies to lay tracks to cease. If any street
railway company, which, since January 1, 1893, has been, or shall be, authorized by its
charter, or by an amendment thereto, to construct its railway in any highway, has not
or shall not have constructed its railway in such highway on or before the close of the
second regular session of the General Assembly after that at which such authority was
or shall be granted, all right of such company to lay its tracks in such highway shall
thereupon cease. Sec. 16-205. Failure to operate railway. If any such company discontinues the
operation of its railway in any highway or portion of a highway, or, having constructed
its railway thereon, does not begin to operate the same within a reasonable time thereafter, the selectmen of any town, the mayor and common council of any city or the warden
and burgesses of any borough, within whose respective jurisdictions such discontinuance or failure to operate occurs, may order such company, in writing, to operate such
part of its railway within thirty days from a date named in such order. On failure to
comply with such order, all right of such company to occupy such highway or portion
thereof, or to keep or operate its railway in such highway or portion thereof, shall cease;
and such company shall immediately thereafter remove its tracks and fixtures from such
highway, and put such highway or portion thereof in good condition for public travel.
If such company fails to remove such tracks and fixtures and put such highway or portion
thereof in good condition for public travel, such town, city or borough may cause such
tracks and fixtures to be removed and such highway to be put in good condition for
public travel; and may recover the expense thereof from such company in an action on
this section. Sec. 16-206. Appeal by adjoining owner. Section 16-206 is repealed. Sec. 16-207. May operate motor buses and discontinue cars. The provisions of
chapter 244 shall apply to street railway companies and, under said provisions, any such
company may acquire, own and operate motor vehicles for the purpose of carrying
passengers for hire at a fixed individual or per capita fare. Any street railway company
operating street railway cars over routes authorized by its charter and amendments
thereto may discontinue the operation of street railway cars over any such route without
loss of its franchise so to operate, provided the Department of Transportation, after
petition and hearing thereon, shall consent thereto, and any such street railway company
shall thereafter operate motor vehicles over such route if the department finds such
operation to be required by public convenience and necessity. Sec. 16-208. Street railway company operating motor buses may change capital structure. Any street railway company incorporated under a special act of the General Assembly, which has discontinued its railway operations and is operating motor
buses pursuant to the provisions of section 16-207, may make such changes in its capital
structure as any company incorporated under the general incorporation laws of this state
may make, provided the Department of Transportation, after a petition and hearing
thereon, shall approve thereof. Sec. 16-209. Directors to be residents of state. Section 16-209 is repealed. Sec. 16-210. Rights of trustees and others after foreclosure. When the trustees
for any mortgage bondholders of any street railway company take possession of the
property of the same under a decree of foreclosure, or when the mortgage bondholders
take possession either as such bondholders or as stockholders, upon a reorganization of
such company, such trustees, bondholders or stockholders shall succeed to and enjoy
all the rights, privileges, immunities and franchises that were or might have been enjoyed
by the original stockholders or company. Sec. 16-211. Court may order sale. When the trustees for any mortgage bondholders of any such company take possession of its property under a decree of foreclosure, and all the rights, privileges, immunities and franchises have become vested
thereby in the trustees, as provided by section 16-210, the court in which such foreclosure
is pending may authorize such trustees, or their lawful agent, to sell and convey, all and
singular, the property, rights, privileges, immunities and franchises which were or might
have been enjoyed by the original stockholders or company, in such manner as said
court may order; and, by virtue of the mortgage of all the property of such company
and of such foreclosure and sale, such property, rights, privileges, immunities and franchises, all and singular, shall pass to and become vested in the purchaser or purchasers
of such property, who shall have full power to reorganize such company. Sec. 16-212. Rights and liabilities of reorganized corporation. The capital stock
and the par value of the shares of such reorganized corporation shall be the same as
authorized in the original act of incorporation, and such reorganized corporation shall
succeed to and enjoy all the rights, privileges, immunities and franchises which were
or might have been enjoyed by the original stockholders or company, and shall be subject
in all respects to the provisions of such act and any amendments thereto. Sec. 16-213. Certificate of reorganization to be filed. Within thirty days after
the date of such reorganization, the persons so reorganizing such corporation, their
grantees or assigns, or a majority of them, shall file in the office of the Secretary of the
State a certificate under their hands and seals, duly acknowledged, setting forth the
name of the corporation whose rights, privileges and franchises have been acquired,
and referring to the acts of the General Assembly under which the original organization
was and the reorganization has been made; the name of the court by authority of which
such sale was made and the date of the judgment or decree; the amount of the capital
stock and the number of shares into which the same has been divided and the owners
of such shares at the date of filing such certificate and the names and residences of the
directors of such reorganized corporation. If such certificate is not filed in the manner
and form as aforesaid, such proceedings for reorganization shall be void. Sec. 16-214. Sale of mortgaged property when electrical operation abandoned
and buses substituted. Any street railway company that may change, in whole or in
part, to bus operation under and pursuant to the provisions of its charter or amendments
thereto or of the general law, having previously given a mortgage upon its property,
covering its electrical equipment, transmission lines, rights-of-way, cars and equipment
and other similar property belonging to and essential to street railway operation by
electricity, which mortgage contains no provisions for the sale of such property under
such conditions, may bring a petition to the superior court for the judicial district in
which such company has its principal office, for the purpose of obtaining a determination
of the court as to whether its street railway property so encumbered by a mortgage shall
be sold in whole or in part. The trustee or the mortgagee, as the case may be, may join
with such company in such petition and, if he or it fails to join, he or it shall be made a
party defendant and shall be served with a copy of such petition in the same manner
as in ordinary civil process returnable to the court, which petition shall thereafter be
proceeded with in the same manner as other civil process. If, after hearing on such
petition, the superior court finds that any of the street railway property set forth in such
petition, which the company desires to sell, is no longer needed in the operation of its
service by the petitioner and that it is for the best interests of the company and of the
holders of its mortgage bonds that such property or any part thereof should be sold and
disposed of, said court may pass an order authorizing the sale or disposal of such property
free and clear of the lien of such mortgage, either at public or private sale as the court
may determine. The proceeds from any such sale shall be paid to the mortgagee or
trustee, as the case may be, of the mortgage upon such property, and such proceeds shall
be disposed of by it in accordance with the terms of such mortgage regarding the disposal
of property sold under and in pursuance of the terms thereof, or the proceeds of such
property so sold may be reinvested in additional property, provided the same shall be
made subject to the lien of such mortgage and there shall be no clause in such mortgage
or deed of trust prohibiting such reinvestment. Sec. 16-215. Mortgage of bus lines. Any street railway company owning and operating buses under authority of its charter or of the amendments thereto or of the statutes
may mortgage the same to the same extent and in the same manner as it may mortgage
its other property.
Secs. 16-191 to 16-203. Location in highway; payment for certain repairs. Failure to repair or pay costs. Agreements for repairs. Company liable for defects. Notice to commissioner of repairs on highway. Apportionment of expense of repair of highway. Appeal. Liability of railroad companies not affected. Location of tracks and equipment. Company to
pay cost of bridge maintenance over amount required for highway traffic. Relocation on
private way. Supervision of construction and equipment. Orders on company's application.
Sec. 16-204. Right of certain companies to lay tracks to cease.
Sec. 16-205. Failure to operate railway.
Sec. 16-206. Appeal by adjoining owner.
Sec. 16-207. May operate motor buses and discontinue cars.
Sec. 16-208. Street railway company operating motor buses may change capital structure.
Sec. 16-209. Directors to be residents of state.
Sec. 16-210. Rights of trustees and others after foreclosure.
Sec. 16-211. Court may order sale.
Sec. 16-212. Rights and liabilities of reorganized corporation.
Sec. 16-213. Certificate of reorganization to be filed.
Sec. 16-214. Sale of mortgaged property when electrical operation abandoned and buses
substituted.
Sec. 16-215. Mortgage of bus lines.
(1949 Rev., S. 5574−5584, 5590, 5591; February, 1965, P.A. 574, S. 22; 1969, P.A. 768, S. 225−232; 1971, P.A. 870,
S. 107; P.A. 75-486, S. 1, 69; P.A. 76-436, S. 362, 681; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 88−94, 348; P.A. 85-
246, S. 22.)
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(1949 Rev., S. 5594.)
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(1949 Rev., S. 5595.)
See Sec. 16-207 re replacement of street cars with motor buses.
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(1949 Rev., S. 5596; 1969, P.A. 768, S. 233; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 95, 348;
P.A. 85-246, S. 22.)
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(1949 Rev., S. 5616; 1969, P.A. 768, S. 234; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 96, 348;
P.A. 85-246, S. 11.)
History: 1969 act required that notice of hearing be given to commissioner of transportation; P.A. 75-486 replaced
public utilities commission with public utilities control authority; P.A. 77-614 replaced authority with division of public
utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public
utility control an independent department and deleted reference to abolished department of business regulation; P.A. 85-
246 substituted department of transportation for department of public utility control.
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(1949 Rev., S. 5617; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 97, 348; P.A. 85-246, S. 12.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
public utilities control authority with division of public utility control within the department of business regulation, effective
January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of
business regulation; P.A. 85-246 substituted department of transportation for department of public utility control.
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(1949 Rev., S. 5620; P.A. 85-246, S. 22.)
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(1949 Rev., S. 5621.)
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(1949 Rev., S. 5622.)
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(1949 Rev., S. 5623.)
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(1949 Rev., S. 5624.)
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(1949 Rev., S. 5625; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 replaced "county" with "judicial district".
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(1949 Rev., S. 5626.)
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