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.
Structure Connecticut General Statutes
Chapter 245a - Railroad Construction and Location
Section 13b-244. (Formerly Sec. 16-76). - Powers.
Section 13b-245. (Formerly Sec. 16-77). - Right to take land limited; land of infants and others.
Section 13b-246. (Formerly Sec. 16-78). - Notice concerning layout and real estate.
Section 13b-247. (Formerly Sec. 16-79). - Approval for taking of land.
Section 13b-248. (Formerly Sec. 16-80). - Alteration of location.
Section 13b-249. (Formerly Sec. 16-81). - Alteration of grades.
Section 13b-250. (Formerly Sec. 16-82). - Land for additional tracks.
Section 13b-252. (Formerly Sec. 16-82b). - Structures exempted from overhead clearance requirement.
Section 13b-253. (Formerly Sec. 16-83). - Land cut off from access to highway.
Section 13b-254. (Formerly Sec. 16-84). - Layout through cemetery.
Section 13b-260. (Formerly Sec. 16-90). - Plan of road to be deposited with town clerk.
Section 13b-261. (Formerly Sec. 16-91). - Statement of location filed with secretary.
Section 13b-262. (Formerly Sec. 16-92). - Security from contractors for labor; liability of company.
Section 13b-263. (Formerly Sec. 16-93). - Crossing of one railroad by another.
Section 13b-264. (Formerly Sec. 16-94). - Branch lines.
Section 13b-265. (Formerly Sec. 16-95). - Crossing highway or watercourse.
Section 13b-266. (Formerly Sec. 16-96). - Land for change of highway.
Section 13b-267. (Formerly Sec. 16-97). - Construction over highway at grade restricted.
Section 13b-269. (Formerly Sec. 16-99). - Bridge over railroad.
Section 13b-270. (Formerly Sec. 16-100). - Removal of grade crossings.
Section 13b-271. (Formerly Sec. 16-100a). - Temporary grade crossings.
Section 13b-272. (Formerly Sec. 16-100b). - Relocation of grade crossing.
Section 13b-273. (Formerly Sec. 16-101). - Elimination of grade crossings by removing railroad.
Section 13b-276. (Formerly Sec. 16-104). - Elimination of dangerous condition.
Section 13b-277. (Formerly Sec. 16-105). - Appeal.
Section 13b-279. (Formerly Sec. 16-107). - Highway crossed by more than one railroad.
Section 13b-280. (Formerly Sec. 16-108). - Assessment of damages.
Section 13b-281. (Formerly Sec. 16-109). - Obstruction of view adjoining grade crossing.
Section 13b-282. (Formerly Sec. 16-110). - Change in location of highways crossed by a railroad.
Section 13b-284. (Formerly Sec. 16-112). - Reimbursement of towns and cities.
Section 13b-286. (Formerly Sec. 16-114). - Change of highway; petition by railroad.
Section 13b-287. (Formerly Sec. 16-115). - Land may be taken for changed location of highway.
Section 13b-288. (Formerly Sec. 16-116). - Statutes made part of charters.
Section 13b-289. (Formerly Sec. 16-117). - Easements and private crossings may be condemned.
Section 13b-290. (Formerly Sec. 16-118). - Highway crossing discontinued.
Section 13b-291. (Formerly Sec. 16-119). - Private crossing to be restored.
Section 13b-292. (Formerly Sec. 16-119a). - Private crossings; protection requirements.
Section 13b-293. (Formerly Sec. 16-120). - Maintenance of changed highway.
Section 13b-294. (Formerly Sec. 16-121). - Guards for rails at crossings.
Section 13b-295. (Formerly Sec. 16-122). - Overhead bridge guards. Penalty.
Section 13b-296. (Formerly Sec. 16-123). - Guard rails on bridges. Penalty.
Section 13b-297. (Formerly Sec. 16-124). - Footways on railroad bridges.
Section 13b-298. (Formerly Sec. 16-125). - Cattle guards.
Section 13b-299. (Formerly Sec. 16-126). - Fences.
Section 13b-300. (Formerly Sec. 16-127). - Order for fencing.
Section 13b-301. (Formerly Sec. 16-128). - Penalty. Damage.
Section 13b-303. (Formerly Sec. 16-130). - Fences affected by contract.
Section 13b-304. (Formerly Sec. 16-131). - Roads operated by trustees.
Section 13b-305. (Formerly Sec. 16-132). - Complaint by state's attorney for neglect of highway.
Section 13b-306. (Formerly Sec. 16-133). - Property needed for changing road or bridge.
Section 13b-307. (Formerly Sec. 16-134). - Change of location of canals or watercourses.
Section 13b-308. (Formerly Sec. 16-135). - Commercial sidetracks or branch line tracks at grade.
Section 13b-309. (Formerly Sec. 16-136). - Abandonment of station.
Section 13b-310. (Formerly Sec. 16-137). - Change of station when line is moved.
Section 13b-311. (Formerly Sec. 16-138). - Rebuilding or repairing of station.
Section 13b-312. - Owner of station to comply with structural guidelines and standards.
Section 13b-313. (Formerly Sec. 16-139). - Petition to stop trains.
Section 13b-314. (Formerly Sec. 16-139a). - Maintenance of station by municipality.
Section 13b-315. - Enforcement of statutory provisions and orders of commissioner.