Sec. 13b-274. (Formerly Sec. 16-102). Commissioner of Transportation may order removal of crossings. Land to be taken limited.
Sec. 13b-274. (Formerly Sec. 16-102). Commissioner of Transportation may
order removal of crossings. Land to be taken limited. The Commissioner of Transportation may, in the absence of any application therefor, when in the commissioner's
opinion 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 company, after a hearing had
upon such notice as the commissioner deems reasonable to the company or companies
owning or operating such railroad or railroads and to the selectmen of the town, mayor
of the city or warden of the borough within which such highway is situated and to the
owners of the land adjoining such crossing, order such alterations in such highway as
the commissioner deems best, and shall determine and direct by whom such alterations
shall be made, at whose expense and within what time; provided, in all cases arising
under this section, one-fourth of the expense, including damages and special damages
as aforesaid, shall be paid by the state and the remainder shall be assessed upon the
railroad company or companies benefited by such order; and provided such alterations
as are thus made at the primary instance of the commissioner shall not be ordered so as
to direct the construction of more than one bridge in any one year on any one railroad.
Railroad companies may take land for the purpose of this section. No land shall be taken
by any railroad company for the purpose mentioned in this section, except such as the
commissioner finds to be necessary for such purpose; but no such taking need be based
upon any special finding that public necessity and convenience require such taking.
(1949 Rev., S. 5491; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 00-148, S. 39;
P.A. 01-105, S. 16.)
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January 1, 1979; in 1981 Sec. 16-102 transferred to Sec. 13b-274; (Revisor's note: P.A. 00-148 repealed Secs. 13b-247,
13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 and, in so doing, specifically required the Revisors to delete references
to said repealed sections in certain sections of the general statutes, including this section; the Revisors were unable to
delete a reference to Sec. 13b-256 from this section without making unauthorized substantive changes to the statute); P.A.
01-105 made technical changes.
Annotation to former section 16-102:
Cited. 100 C. 326. See note to section 13b-270.