Railroad Legal Issues and Resources (2015) / Chapter Skim
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Pages 46-57
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46 5. Construction of a Spur Track over a Pipeline on an Easement 345 In Travis County v.
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47 G discusses compensation for damage occasioned by the construction, relocation, or closure of crossings. Section H addresses whether railroads may be held liable for accidents at private crossings.
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48 Articles 353 4. Elimination or Modification of Railroad Crossings 353 A law review article discussing the construction or elimination of railroad grade crossings notes that the New York Commissioner of Transportation may approve the installation, elimination, or relocation of grade crossings.194 5.
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49 3. Applicability of the Manual on Uniform Traffic Control Devices 356 to Railroad Crossings The Manual on Uniform Traffic Control Devices (MUTCD)
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50 Article 360 7. Maintaining a Crossing and Crossing Signs and Warning Devices 360 The use of federal funds to upgrade crossings results in federal preemption of claims under state law that allege that railroad crossing warnings were inadequate.202 D
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51 E Liability of Railroads for Defective Conditions at Crossings 364 Statutes and Regulations 364 1.
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52 evidence was sufficient for the jury to find that Union Pacific should have known of the alleged defective condition.
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53 8. Whether the Public Utilities Commission Controlled a Railroad 371 Crossing and Owed a Duty to the Plaintiffs Because the Crossing Was a Dangerous Condition of Public Property In Public Utilities Commission v.
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54 F State Laws on the Rights of Utilities to Use or Cross Certain 374 Rights-of-Way Statutes and Regulations 374 1.
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55 newly enacted Texas statute that provided that "the rights extended to an electric corporation…include all public land, except land owned by the state."231 5. Utility's Expropriation of Land for a Crossing as a Public Use 377 In Exxon Mobil Pipeline Co.
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56 G Compensation for Damage Occasioned by the Construction, 381 Relocation, or Closure of Crossings In Pennsylvania, compensation for damages, after proper notice and hearing, is determined by the Pennsylvania Public Utility Commission.239 Cases 382 H
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57 3. Railroad's Duty at an Extra-Hazardous Private Crossing 384 In Illinois Central Railroad Company v.
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