Vermont § 3457 - Commencement of proceedings; expedited proceedings

§ 3457. Commencement of proceedings; expedited proceedings

• (a) Proceedings under section 3456 of this title may be commenced by motion of the Board by petition of the Agency, the Attorney General,
  the State’s Attorney of the county, the legislative body of a municipality, 10 or
  more freeholders of the State, any railroad doing business in the State, or in such
  way as the law may otherwise specifically provide. (b) Proceedings involving damaged structures or other impediments alongside or adjacent
  to the rights-of-way of railroads that imminently imperil the safety of the passage
  of trains shall be commenced immediately upon notice of the peril to the Board or
  the Agency. Upon notice, the Board or the Agency shall immediately investigate and,
  if it is determined that such danger does exist and cannot be timely removed through
  informal negotiation, order the owner of the structure or other impediment to immediately
  take all action necessary to abate the danger. If the owner fails to do so, or is
  unavailable, the Board or the Agency may, without incurring any civil liability, take
  all steps necessary to abate the danger, including removal of the damaged structure
  or other impediment, and all incurred expenses shall constitute a debt due the State
  upon the rendering of an account for all incurred expenses to the owner and shall
  be recoverable from the owner in an action. Expenses incurred by the Board or the
  Agency may be drawn from the Transportation Fund, and any amounts recovered shall
  be credited to the Transportation Fund. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 1; 1993, No. 172 (Adj. Sess.), § 44; 2021, No. 105 (Adj. Sess.), § 25, eff. July 1, 2022.)