Maine Revised Statutes
Chapter 617: RAILROAD CROSSINGS
23 §7233. Order of Department of Transportation; appeals

§7233. Order of Department of Transportation; appeals
The order of the Department of Transportation relating to any matter on which the department may act under the authority of sections 7231 and 7232 shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on the petition was given. Any person aggrieved by the order, who was a party to the proceedings, may appeal from the order to the Superior Court within and for the county in which the way or crossing is located in the manner now provided in section 7202. Any person aggrieved by the decision or judgment of the Department of Transportation in relation to damages for land taken for the purposes of section 7231 may appeal from the decision to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the department is made, which court shall determine the same by a committee of reference if the parties so agree or by a verdict of its jury, and shall render judgment for the damages recovered with costs to the party prevailing in the appeal, but the committee or jury shall not alter the requirements in the report of the department. The appellants shall, when an appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and shall give written notice of the appeal with a copy of the complaint to the opposite party. An appeal may be taken to the law court as in other actions.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 23: TRANSPORTATION

Part 7: RAILROADS

Chapter 617: RAILROAD CROSSINGS

23 §7201. Land taken from railroad; notice and hearing

23 §7202. Location of railroad crossings; expense; appeals

23 §7203. Maintenance of railroad crossings already laid out

23 §7204. Recording adjudications of Department of Transportation

23 §7205. Crossing of public ways

23 §7206. Ways raised or lowered; course altered

23 §7207. Discontinuance of railroad crossings

23 §7208. Damages for neglect

23 §7209. Bridges over canals or railroads; repairs; proceedings where unsafe conditions

23 §7210. Temporary crossings

23 §7211. Crossing signs on each side of track; whistle and bell

23 §7212. Precautions at crossings

23 §7213. Crossings kept open part of year; expense apportioned

23 §7214. Signboards at grade crossings; ringing of engine bells

23 §7215. Failure to comply; damages

23 §7216. Right of entry

23 §7217. Plant railroads

23 §7218. Bridges erected by municipalities maintained

23 §7219. Report of decisions and copies to parties interested

23 §7220. Speed limit at highway grade crossings

23 §7221. Automatic signals; expense; definition

23 §7222. Crossings designated

23 §7223. Obstructions ordered removed; notice

23 §7224. Expense of removal paid by municipality; partial state reimbursement

23 §7225. Damages; municipality and State to share

23 §7226. Buildings not removed without owner's consent

23 §7227. Applicability to all railroads

23 §7228. Railroad company may enter private property

23 §7229. Maintenance charges for private crossings

23 §7230. Partial reimbursement of cost

23 §7231. Petition; damages; expenses; temporary ways

23 §7232. Tracks of more than one railroad

23 §7233. Order of Department of Transportation; appeals

23 §7234. Trees near railroad crossings