CHAPTER 281*
DEPARTMENT OF PUBLIC UTILITY CONTROL:
STREET RAILWAY OPERATIONS

      *History of legislation as to construction. 80 C. 632. Special charter not ordinarily repealed by general law. 65 C. 410. Terms of charter as to motive power decisive. 61 C. 127. Under power to amend charter, reasonable conditions as to use of property may be imposed. 75 C. 442. Applicability of statutes as to steam railroads; power to condemn land in same manner as they do. 80 C. 37. Franchise to build and operate cannot be bargained away, when. 73 C. 513. Company cannot abandon operation. 81 C. 652. Power acquired by lease of franchise to build and operate. 73 C. 179. One company succeeding another stands in its shoes. 81 C. 645. Charter authorizing taking of land without compensation void. 69 C. 155. Authority to take larger portion of lot not approval of prior taking of smaller; authority to build over private property "near" highway construed. 83 C. 603. Right in structures and track in street. 69 C. 155. Mechanic's lien against. 78 C. 291; 83 C. 83. Property of street railway is liable to attachment. 89 C. 59. Location in highway does not ordinarily entitle abutting owner to compensation; 32 C. 579; 69 C. 146; but there may be a special and peculiar injury that must be compensated; 70 C. 610; 84 C. 45; or the nature of the construction or operation of the railway may require it. 84 C. 452; 85 C. 401. Authorized crossing of railroad not ordinarily basis for damages. 65 C. 410; see 70 C. 610. Liability to pay for street paving. 75 C. 442; id., 471; 77 C. 219; 203 U. S. 379. Legislature may delegate determination as to how many tracks shall be built on highway bridge to public utilities commission. 89 C. 528. See note to section 33-392.

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.
Secs. 16-204 and 16-205. Right of certain companies to lay tracks to cease. Failure to operate railway.
Sec. 16-206. Appeal by adjoining owner.
Secs. 16-207 and 16-208. May operate motor buses and discontinue cars. Street railway company operating motor buses may change capital structure.
Sec. 16-209. Directors to be residents of state.
Secs. 16-210 to 16-215. Rights of trustees and others after foreclosure. Court may order sale. Rights and liabilities of reorganized corporation. Certificate of reorganization to be filed. Sale of mortgaged property when electrical operation abandoned and buses substituted. Mortgage of bus lines.

      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.

      (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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      Secs. 16-204 and 16-205. Right of certain companies to lay tracks to cease. Failure to operate railway. Sections 16-204 and 16-205 are repealed, effective October 1, 2002.

      (1949 Rev., S. 5594, 5595; S.A. 02-12, S. 1.)

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      Sec. 16-206. Appeal by adjoining owner. Section 16-206 is repealed.

      (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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      Secs. 16-207 and 16-208. May operate motor buses and discontinue cars. Street railway company operating motor buses may change capital structure. Sections 16-207 and 16-208 are repealed, effective October 1, 2002.

      (1949 Rev., S. 5616, 5617; 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, 97, 348; P.A. 85-246, S. 11, 12; S.A. 02-12, S. 1.)

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      Sec. 16-209. Directors to be residents of state. Section 16-209 is repealed.

      (1949 Rev., S. 5620; P.A. 85-246, S. 22.)

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      Secs. 16-210 to 16-215. Rights of trustees and others after foreclosure. Court may order sale. Rights and liabilities of reorganized corporation. Certificate of reorganization to be filed. Sale of mortgaged property when electrical operation abandoned and buses substituted. Mortgage of bus lines. Sections 16-210 to 16-215, inclusive, are repealed, effective October 1, 2002.

      (1949 Rev., S. 5621-5626; P.A. 78-280, S. 2, 187; S.A. 02-12, S. 1.)

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