Vermont Statutes Title 5 Sec. 3574
Terms Used In Vermont Statutes Title 5 Sec. 3574
- Agency: means the Agency of Transportation. See
- Board: means the Transportation Board. See
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 3574. Expense; apportionment; State, municipality, and railroad
When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.)