2012 Maine Revised Statutes
TITLE 23: HIGHWAYS
Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS
23 §7305. Court proceedings for noncompliance

Part 7: RAILROADS HEADING: PL 1987, C. 141, PT. A, §4 (NEW)

Subchapter 1: REVIEW AND MAINTENANCE HEADING: PL 1989, C. 398, §9 (NEW)

§7305. Court proceedings for noncompliance

If the managers do not comply with these requirements, the commissioner shall file a complaint to the Superior Court in any county where the railroad extends, setting forth their examination, the condition of the road, the notice and requirement and refusal to comply; and shall notify the Attorney General or the district attorney of the county of the filing of the complaint, one of whom shall appear and take charge of the proceedings in court. The court shall order a notice and appoint a hearing; and after a hearing, may order such things to be done by the managers of the road as they deem necessary to secure the safety of travelers. Unless the managers execute a bond to the State, with sufficient sureties, for a sum as the court deems necessary to make the repairs, conditioned that they will, within the time fixed by the court, make the repairs or otherwise satisfy the court that they will be so made, the court shall issue an injunction against the corporation and its managers, prohibiting the running of any passenger trains over the portion of the road found to be unsafe until the order has been complied with or revoked. [1989, c. 398, §9 (NEW).]

SECTION HISTORY

1989, c. 398, §9 (NEW).