TITLE XXXIV
PUBLIC UTILITIES
CHAPTER 367
FORMATION AND UNION OF RAILROAD CORPORATIONS; LEASES AND EXTENSIONS
General Provisions
Section 367:46-a
367:46-a Railroad Service. –
I. No railroad shall tear up and remove or discontinue the use of any portion of its tracks other than spur, industrial or storage tracks, or curtail any part of its service to the public without notice to the department and such notice to the public as the department may direct. Upon complaint or upon its own motion, the department may investigate the reasonableness of the proposed action. Whenever a railroad has been authorized by proper authority to abandon a line, the department, after hearing, may issue an order requiring the removal of rails, ties and structures, at public highway crossings and the removal of piles, bents or piers in rivers and streams that may contribute to holding debris, and require the filling and repaving of the highway. The cost of such removal, fill and repaving shall be apportioned between the railroad, town, city and state as the department shall direct.
II. Any person who violates the provisions of this section or any order of the department issued pursuant to this section shall be guilty of a class B felony if a natural person or guilty of a felony if any other person.
Source. 1985, 402:18.