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Connecticut Laws | Title 13b Transportation
CHAPTER 245a* RAILROAD CONSTRUCTION AND LOCATION
Sec. 13b-251. (Formerly Sec. 16-82a). Overhead clearances for railroad tracks. Approval by legislature.

(b) For the purposes of this section, "overhead clearance" means the distance from the plane formed by the top of the rails to a structure or obstruction above the rails and "deck replacement" means the removal and replacement of the bridge deck and supporting members. (1130)

(c) Any proposed legislation which grants an exemption from the minimum overhead clearance requirements in subsection (a) of this section shall be accompanied by a written statement from the Department of Transportation which shall include the following information: (1) The impacts associated with raising the bridge to meet the clearance requirements; (2) the estimated cost of raising the bridge to meet the clearance requirements; and (3) an assessment, including the estimated cost, of the feasibility of increasing the clearance by undercutting at least one track of the railroad or by a combination of undercutting and raising the bridge to meet the clearance requirements. (1131)

Sec. 13b-252. (Formerly Sec. 16-82b). Structures exempted from overhead clearance requirement. (1132)(Text)

The provisions of section 13b-251 shall not apply to any structure for which construction is authorized by or begun pursuant to any special act. (1133)

Sec. 13b-253. (Formerly Sec. 16-83). Land cut off from access to highway. (1134)(Text)

When any company takes land for railroad purposes and the effect of such taking is to cut off other land from practical access to the highway, such company may, with the approval of the Commissioner of Transportation, take additional land sufficient for a convenient way from the land so cut off to the highway and shall provide for the use of the owner of the land cut off a suitable way over such additional land to the highway. Such way shall remain a private way for the use of the owner of the land cut off and the town or city in which it is situated shall not be liable for its maintenance or responsible for its defects. For the purposes of this section, lands may be acquired in the manner provided by law for the taking of land by railroad companies. (1135)

Sec. 13b-254. (Formerly Sec. 16-84). Layout through cemetery. (1136)(Text)

No company shall lay out or locate its road, or any part thereof, through any cemetery or any approach in common use from the highway thereto, and within one-quarter of a mile thereof, unless the Commissioner of Transportation, when called upon to approve the proposed layout of such road, finds that such cemetery, or the approach thereto, was located for the purpose of obstructing such layout, or unless said commissioner approves such layout or location. (1137)

Secs. 13b-255 to 13b-259. (Formerly Secs. 16-85 to 16-89). Land for electrification of railroad. Procedure for appraisal of land taken. Land in highway or private way. Abandonment of road; damages. Owner may require description of land. (1138)(Text)

Sections 13b-255 to 13b-259, inclusive, are repealed, effective October 1, 2000. (1139)

Sec. 13b-260. (Formerly Sec. 16-90). Plan of road to be deposited with town clerk. (1140)(Text)

Within ninety days after the railroad of any company has been laid out in any town and approved by the Commissioner of Transportation, such company shall deposit with the town clerk a correct plan, signed by its president, of so much of such railroad as lies in such town, drawn on a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course and the width of the land taken. (1141)

Sec. 13b-261. (Formerly Sec. 16-91). Statement of location filed with secretary. (1142)(Text)

Each company shall, within six months after the final location of its road, file with the Secretary of the State a statement of such location, defining the courses and distances. (1143)

Sec. 13b-262. (Formerly Sec. 16-92). Security from contractors for labor; liability of company. (1144)(Text)

Each company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment for all labor thereafter to be performed in constructing the road by persons in their employ; and the company shall be liable to the laborers employed for labor actually performed on the road if, within twenty days after the completion of such labor, they notify its treasurer, in writing, that they have not been paid by the contractors. (1145)

Sec. 13b-263. (Formerly Sec. 16-93). Crossing of one railroad by another. (1146)(Text)

Any company may, in the construction of its railroad, cross the railroad of any other company or connect with the same. If it cannot agree with such other company as to such crossing or connection, the Commissioner of Transportation may determine the place and manner of such crossing or connection, after reasonable notice to the companies in interest to appear and be heard in relation to the matter, and may make such orders as to bridges, abutments, piers, tunnels, arches, excavations, retaining walls, embankments and approaches as he judges necessary; but no railroad shall cross any other railroad at grade, except for the purpose of connecting therewith, when the avoidance of a grade crossing is practicable, and the commissioner shall decide the question of practicability. (1147)

Sec. 13b-264. (Formerly Sec. 16-94). Branch lines. (1148)(Text)

Any company may build branches from its main line or from any of its leased lines, provided the construction of such branches is found by the Commissioner of Transportation, upon application, after such reasonable public notice as such commissioner may order, to be of public necessity and convenience. For the purpose of paying the cost of building any such branch, any railroad company may issue bonds secured by mortgage to the amount of one-half of such cost, to be verified in the manner provided in section 16-216 for verifying the cost of a railroad for the purpose of issuing bonds. This section shall be deemed to be an addition to, and amendment of, all charters of railroad companies, and shall repeal all limitations in any such charters as to the length of branches which such companies may build. (1149)

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