56-16.2 - Public utility lines crossing railroads.

§ 56-16.2. Public utility lines crossing railroads.

A. As used in this section:

"Municipality" means a city, county, town, authority, or other politicalsubdivision of the Commonwealth.

"Public utility line" means any line, wire, pipe, or conduit that is usedin connection with the provision of water, sewer, or telecommunicationsservice by a municipality, and includes any poles and other appurtenantfixtures and structures that are necessary and appropriate for the operationand support of such line, wire, pipe, or conduit.

B. If a municipality desires to cross the works of a railroad company with apublic utility line and the municipality and railroad company cannot agree onthe manner of the crossing or the compensation to be paid or the damages, ifany, occasioned by such crossing, then either party, after complying with theprovisions of §§ 56-17 and 56-18, insofar as they are applicable, may applyto the Commission within 30 days after the submission of the plans andspecifications required in § 56-18 to inquire into the necessity for suchcrossing, the propriety of the proposed location, all matters pertaining toits construction and operation, and a fee for such crossing and damages, ifany, to be paid to the railroad company.

C. Every such application shall, in addition to the plans and specificationsrequired in § 56-18, set forth (i) the means the applicant proposes to employto protect persons and property on the premises of the railroad; (ii)standard railroad liability protection insurance to safeguard the railroadfrom damage or destruction of persons or property resulting from suchcrossing, including a provision to save the railroad harmless from claimsarising as a result of such crossing; (iii) the conditions under which usageof the crossing will terminate and all interests revert to the railroad; and(iv) the means which the applicant proposes to employ to prevent interferencewith the unlimited use of the property by the railroad including, but withoutlimitation, the communication and transportation system on the propertyproposed to be crossed. The Commission may, at its discretion, require theapplicant to provide a bond or insurance conditioned to save the railroadharmless from claims arising as a result of such crossing. The Commissionmay, as provided in § 56-19, employ experts to advise it with reference tosuch application.

D. If the Commission grants such application in whole or in part, the orderof the Commission shall require the railroad to grant to the municipality alicense for such crossing upon compliance with the terms of the order, andshall fix a fee for the crossing and determine the damages, if any. Theamount of the fee for the crossing fixed by the Commission shall not exceedthe actual costs reasonably expected to be incurred by the railroad companyas a result of the crossing and the periodic inspection of such works butshall take into consideration the systemwide administrative and other costsof the railroad to implement utility crossing agreements.

E. Construction shall not begin until permitted under an order provided forin subsection D unless the parties agree thereto; however, the Commission mayallow construction to proceed pending the determination of the fee anddamages, if any.

(2006, c. 383.)