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Vermont

Vermont Railroad State Laws and Regulations

Crossing Treatment Procedures

State Laws and Regulations

  • 3783. Alteration, petition for; hearings

The selectboard of a town within which a public highway crosses or is crossed by a railroad, or the general manager or attorney of a railroad corporation whose road crosses or is crossed by a public highway, may bring their petition in writing to the Transportation Board, alleging that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the public highway, the elimination of such crossing, the closing of such public highway crossing and the substitution of another therefor, not at grade, or the removal of obstructions to the sight at such crossing, and praying that the same may be ordered, or such proceedings may be instituted by the Agency of Transportation or the Board of its own motion and without petition. The Board shall thereupon appoint a time and place for hearing the petition on notice of not less than ten days to the petitioners, the railroad, the municipality in which such crossing is situated, the owners of the land adjoining such crossing, and adjoining that part of the highway to be changed in grade, and to the Attorney General, who shall, by himself or herself or through the State’s Attorney of the county wherein the crossing is located, represent the interests of the State at such hearing. After such notice and hearing, the Board shall determine what alterations, changes, or removals, if any, shall be made and by whom.

Vt. Stat. Ann. tit. 5, § 3783

  • 3785. Alterations, crossings; order by Transportation Board

When the Transportation Board, in the absence of any application therefor, is of the opinion that the public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one corporation, or an alteration in lands or buildings thereon adjoining or near such highway at or near such crossing in order to afford proper view from the approaches to such crossing, in each direction, of the track or tracks of such railroad or railroads, after hearing had on notice of not less than ten days to the corporation or corporations owning or operating such railroad or railroads, to the selectboard of the town within which such highway is situated, to the owners of the land adjoining such crossing and the owners of such land or buildings thereon adjoining, or near such highway as may be required for or materially affected by a proposed alteration, and to the Attorney General, who, by himself or herself or through the State’s Attorney of the county in which such crossing is located shall represent the interests of the State, it may order such alterations in such highway, and the removal of such obstructions to the view in each direction of the tracks of such railroads, as it deems best, and shall determine and direct by whom, at whose expense and within what time such alterations and removals shall be made.

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