Maine Revised Statutes Title 23 Sec. 8003 – Initiation and establishment of passenger rail service
Current as of: 2023 | Check for updates
|
Other versions
1. Establishment of service. The authority is directed to take all actions that are reasonably necessary to initiate, establish or reinitiate regularly scheduled passenger rail service between points within this State and points within and outside this State. These actions may include, but are not limited to, the acquisition, holding, use, operation, repair, construction, reconstruction, rehabilitation, modernization, rebuilding, relocation, maintenance and disposition of railroad lines, railway facilities, rolling stock, machinery and equipment, trackage rights, real and personal property of any kind and any rights in or related to that property.
[PL 1995, c. 374, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 23 Sec. 8003
- Authority: means the Northern New England Passenger Rail Authority and any successors to that authority. See Maine Revised Statutes Title 23 Sec. 8002
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- lines: means the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. See Maine Revised Statutes Title 23 Sec. 8002
- Personal property: All property that is not real property.
- Railroad: includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. See Maine Revised Statutes Title 23 Sec. 5001
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Acquisition of properties; rights. The authority may acquire any of the properties or rights listed in subsection 1 through purchase, lease, lease-purchase, gift, devise or otherwise. In making these acquisitions the authority may exercise the power of eminent domain following the same procedure set forth in section 7154, subsection 5; except that any notice of condemnation must be filed in the registry of deeds for the county or counties, or registry division or divisions, in which the property is located, in the case of real property, and with the office of the Secretary of State in the case of personal property.
[PL 1995, c. 374, §3 (NEW).]
3. Responsibilities of State. Nothing in this chapter precludes the State from acquiring railroad lines for passenger rail service or precludes the Department of Transportation from taking actions to facilitate the operation of passenger rail service within the State or from contracting with 3rd parties for the operation of passenger rail service within the State. Nothing in this chapter affects the responsibilities of the department for transportation policy and planning as set forth in this Title.
[PL 2005, c. 312, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §2 (AMD).