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§ 5-407. Railroad companies--Public ways

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, § 5-407
Formerly cited as MD PUBLIC UTIL COMP § 5-407
§ 5-407. Railroad companies--Public ways
Agreements relating to use or occupation of public ways
(a) A railroad company and the municipal corporation, public officer, or public authority that owns or has control of any road, street, alley, or other public way or ground necessary to locate any part of the railroad may agree on the manner, terms, and conditions allowing the railroad company to use or occupy the road, street, alley, or other public way or ground.
Power of railroad company to acquire property by condemnation
(b) If the parties are unable to agree and the railroad company needs to use or occupy the road, street, alley, or other public way or ground, the railroad company may acquire the property by condemnation in accordance with Title 12 of the Real Property Article.
Responsibility for damage to private property
(c)(1) A railroad company that lays track on any public street, road, alley, or other public way or ground is responsible for any damage done by the location of the track to private property on or near the public way or ground.
(2) The owner of the private property shall bring a civil action for damages under this subsection within 2 years after the completion of the track.
Consent required in Baltimore City
(d) A railroad company may not pass through Baltimore City without the consent of the Mayor and City Council.


Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.
Formerly Art. 23, § 199.
MD Code, Public Utilities, § 5-407, MD PUBLIC UTIL § 5-407
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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