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§ 5-406. Railroad companies--Change of location or grade

West's Annotated Code of MarylandPublic Utilities

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 5. Powers, Duties, and Prohibitions (Refs & Annos)
Subtitle 4. Franchises and Condemnation (Refs & Annos)
MD Code, Public Utilities, § 5-406
Formerly cited as MD PUBLIC UTIL COMP § 5-406
§ 5-406. Railroad companies--Change of location or grade
Currentness
Grounds for change of location or grade
(a)(1) A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:
(i) inconvenience to public travel;
(ii) dangerous or difficult curves or grades; or
(iii) unsafe or unsubstantial grounds or foundations.
(2) A change of location or grade under this section shall follow the general route of the existing road.
(3) A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.
Liability for damages caused by change
(b)(1) A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.
(2) The amount of damages determined shall be paid to the owner or deposited into court.
(3) An owner shall claim damages within:
(i) 30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or
(ii) 60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.
Condemnation binding on company
(c) If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.

Credits

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.
Formerly Art. 23, § 196.
MD Code, Public Utilities, § 5-406, MD PUBLIC UTIL § 5-406
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document