2005 Connecticut Code - Sec. 13b-276. (Formerly Sec. 16-104). Elimination of dangerous condition.
Sec. 13b-276. (Formerly Sec. 16-104). Elimination of dangerous condition. The
Commissioner of Transportation, if he finds that a dangerous condition exists at such
crossing, except a dangerous condition arising out of improper or inadequate maintenance, shall issue such order to such municipality or to any such public service company
directing the removal, change or relocation of such crossing, highway, tracks, pipes,
wires, poles or other fixtures or tree or building or other structure, as may be necessary
to eliminate such dangerous condition; and shall apportion the cost thereof among such
public service company or companies, such municipality and the state, and shall determine the conditions and the time and manner of the payment of such apportionments,
provided the portion of the cost to be paid by such public service company in the elimination of any such dangerous conditions on state maintained highways shall not exceed
ten per cent. The party or parties ordered by said commissioner to perform the work
necessary to remove such dangerous condition shall serve written notice, at least thirty
days prior to the approximate date of the commencement of such work, upon all other
parties in interest, including any public service company whose plant is involved or
affected by such work, and any such public service company shall provide such means
as may be necessary for the continued use of such plant in such manner as to best serve
the interests and convenience of the public.
History: 1969 act substituted "commissioner of transportation" for "highway commissioner"; P.A. 75-486 substituted "public utilities control authority" and "authority" for "commission", i.e. public utilities commission, where appearing, effective December 1, 1975; P.A. 77-614 substituted "the commissioner of transportation" for "said public utilities control authority" and "commissioner" for "authority" and deleted the "commissioner of transportation" from those to whom orders shall be issued, effective January 1, 1979; in 1981 Sec. 16-104 transferred to Sec. 13b-276.
Annotations to former section 16-104:
Applies to any dangerous condition. 100 C. 331. Cited. 113 C. 496; 143 C. 109.
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