Can California Counties Acquire Hydroelectric Facilities by Eminate Domain'

Topic:
RAILROADS; EMINENT DOMAIN; PARKING FACILITIES; REAL Holding; HIGHWAYS; TRANSPORTATION DEPARTMENT;
Location:
EMINENT DOMAIN; RAILROADS;

Feb 16, 2006		2006-R-0167
EMINENT DOMAIN AND RAILROAD PROJECTS
Past: Christopher Reinhart, Senior Chaser

Y'all asked virtually the utilise of eminent domain for railroad projects.

SUMMARY

A number of statutes address specific aspects of railroad structure and amending. Some of these require hearings, Department of Transportation (DOT) approval, and allow taking belongings. Separate statutes qualify eminent domain for driver parking and transportation services. In addition, it is possible that special acts could apply to certain takings.

The sections below describe the statutes we found for takings for railroad projects and specific requirements for the takings or approving the construction project. Some of these statutes refer to the process used to take country for state highways. CGS � 13a-73 governs those takings and is described in the fastened OLR Report ( 2002-R-0504 ).

RAILROAD Structure AND LOCATION (CGS � 13B-244, ET SEQ.)

The affiliate of the statutes on railroad structure contains a number of provisions on specific projects. Listed below are those statutes that authorize utilise of eminent domain and procedural requirements for those projects.

● No country can exist taken without consent except within two years of approving of the location of the route by DOT (CGS � 13b-245).

● Before DOT approves the layout of a railroad or the taking of whatsoever state for it or for whatever modify or alteration, it must requite reasonable notice to all people with an interest in the state "to attend and be heard." The appraisers must also send a notice (CGS � 13b-246).

● A visitor can alter the location of its line to modify the radius of its curves, width of its layout, extent of depot grounds, slopes, or embankments; straighten and meliorate lines; and extend sight lines when canonical by DOT. It can take state for additional tracks, turnouts, and stations, and to supply water for engines and stations. DOT must sign the takings certificate (CGS � 13b-248).

● A company tin can add to the number of its main tracks and, with DOT approving, accept country for this purpose (CGS � 13b-250).

● When a company takes land for railroad purposes and the taking cuts off other country from applied access to the highway, the visitor can take boosted state with DOT approval to provide a convenient way to the highway for the use of the owner of the state cut off (it remains a private way for the possessor ' due south use). Land can exist acquired as provided by constabulary for railroads taking land (CGS � 13b-253).

● Inside 90 days of a railroad of a company existence laid out and approved past DOT, the company must file the program with the towns where it is located indicating its direction, length, and width of land taken (CGS � 13b-260).

● When a highway is synthetic across a railroad, the company must construct the crossing equally approved by DOT and can have land for the purpose. Beginning October 1, 1989, public railroad crossings at grade require a special act of the General Associates. The Transportation Committee must request DOT to conduct an investigation including public hearings, proposed legislation, and a detailed report (CGS � 13b-268).

● Municipal officials can petition DOT to change the way a highway and railroad cantankerous for public safety. DOT must schedule a hearing and provide notice to the petitioners, visitor, relevant municipalities, and adjacent landowners as reasonable. Railroad companies can take land for this purpose (CGS � 13b-270).

● When DOT determines public safety requires altering a highway crossed at class by a railroad, it can society alterations later a hearing with reasonable discover to the railroad companies, town officials, and bordering landowners. Railroad companies can take land that DOT finds necessary for this purpose merely a special finding of public necessity and convenience is not required (CGS � 13b-274).

● A public service visitor with tracks crossing over, under, or on certain highways can petition DOT for say-so to eliminate a dangerous condition at the crossing. DOT must schedule a hearing. It can also set a hearing on its ain motility. DOT must notify public service companies with tracks, wires, poles, or other fixtures in or adjacent to the highway at or virtually the crossing and municipalities and adjoining landowners whose property would exist affected. A petitioner must file plans and specifications, cost estimates including for taking country or interests in country, and names and addresses for all whose state might be affected (CGS � 13b-275). DOT tin can lodge changes and apportion costs. A public service company or municipality can entreatment the order (CGS �� 13b-276, -277).

● If a party making changes to a highway cannot concord with the owner of land or other property to be taken or removed under a determination past DOT, damages are assessed in the same way as for land taken by railroad companies (CGS � 13b-280). (Example note states that this section gives towns the power to take country for changes in a highway.)

● If the view of tracks near where they cross a highway at grade is obstructed by trees, shrubs, or earth, DOT can make appropriate orders later a hearing and reasonable discover to the relevant companies, town officials, and adjoining landowners. Whatsoever order must specifically gear up limits within which state tin can be taken and the nature, purpose, and specific limits of easements authorized to exist taken. The expense of any club is paid by the owner of the land on which the obstruction is located (CGS � 13b-281).

● When a highway passes over or under a railroad and public convenience or necessity requires a change in the highway, the town can petition DOT for changes. DOT must schedule a hearing and provide detect to the petitioners, visitor, relevant municipalities, and side by side landowners as reasonable. DOT can issue orders for public convenience and necessity or safe and suitable operation of the railroad. DOT has the aforementioned powers as for removing class crossings and can have land (CGS � 13b-282).

● As necessary, DOT tin can acquire land or rights of entrance and leave from land abutting certain projects regarding structures effectually tracks in the same style equally for expressway purposes (CGS � 13b-283).

● A town chief executive can petition DOT when a railroad has been laid out, located, or constructed so almost a highway that he believes it endangers the public. DOT, after reasonable discover to the railroad company to appear and be heard, can order a change in the highway if public condom requires it and the change is practicable. If the company or town ordered to do the work cannot obtain necessary state by understanding, it can take land necessary to comport out the order (CGS �� 13b-285, -287).

● The possessor of a individual crossing at course of railroad tracks or any interest in land used by a company for railroad purposes or any railroad company with land encumbered by private rights, can petition DOT for condemnation of the rights alleging public safe requires eliminating the encumbrance. DOT sets a hearing later reasonable observe to owners of rights, the company, and landowners adjoining the highway to be laid out as a substitute for the private crossing. If public rubber requires it, DOT tin authorize the company to condemn individual rights. DOT tin as well decide that public convenience and necessity require a highway considering the private rights are eliminated and lay out a highway for public convenience (CGS � 13b-289).

● DOT can qualify private crossings that cross railroad tracks at form if necessary for a community ' s economic welfare (CGS � 13b-292). The provisions of CGS � 13b-281 employ (these are described above and include takings).

Driver PARKING (CGS � 13B-29)

DOT can construct and maintain commuter parking facilities along automobile routes to reduce summit traffic demands on highways and to encourage carpools, vanpools, and apply of mass transportation. DOT can acquire property necessary to construct and maintain the facilities in the same manner and with the aforementioned powers as for acquiring holding for throughway purposes.

TRANSPORTATION SERVICES (CGS � 13B-36)

DOT tin take title or a bottom interest or right in country, buildings, equipment, or facilities necessary for operating or improving transportation services. The determination of necessity is conclusive. Takings must be washed in the manner for taking for state highways (under CGS � 13a-73).

RAILROAD TRANSPORTATION COMPACT (CGS � 16-343 Every bit AMENDED Past PA 05-210, � 47)

The Connecticut-New York Railroad Passenger Transportation Meaty authorizes New York ' southward Metropolitan Transportation Authority and Connecticut ' s DOT, where permitted under their enabling laws, to acquire property through eminent domain of the New York, New Haven, and Hartford Railroad and its successors that is reasonably expected to be necessary, convenient, or desirable to keep or improve service.

CR:ro/dw

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Source: https://www.cga.ct.gov/2006/rpt/2006-R-0167.htm

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