2701 - Railroad connections with sidetracks and laterals.
CHAPTER 27 RAILROADS Sec. 2701. Railroad connections with sidetracks and laterals. 2702. Construction, relocation, suspension and abolition of crossings. 2703. Ejectment in crossing cases. 2704. Compensation for damages occasioned by construction, relocation or abolition of crossings. 2705. Speedometers and speed recorders. 2706. Flag protection. 2707. Inspection of highway crossing safety devices (Expired). 2708. Alternative compliance (Expired). 2709. Disposition of real property by public utility engaged in railroad business. Enactment. Chapter 27 was added July 1, 1978, P.L.598, No.116, effective in 60 days. Construction. Section 308(e) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that nothing in Act 18 shall be construed to be grounds for the imposition of responsibility by the Pennsylvania Public Utility Commission for maintenance or costs of any railroad crossing or abandoned railroad crossing under Chapter 27. § 2701. Railroad connections with sidetracks and laterals. (a) General rule.--Every public utility engaged in a railroad business shall, upon application of any owner or operator of any lateral railroad, or any private sidetrack, or of any shipper tendering property for transportation, or of any consignee, construct, maintain, and operate, at a reasonable place and upon reasonable terms, a switch connection with any such lateral railroad or private sidetrack which may be constructed to connect with its railroad, where such connection may be reasonably practicable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same. (b) Additional connections and use.--Whenever any lateral line of railroad or private sidetrack has been so connected with a line of any railroad, or whenever any owner of such lateral railroad or private sidetrack has at any time heretofore sold or leased, or shall hereafter sell or lease, such lateral railroad or sidetrack to any public utility engaged in a railroad business, any person or corporation, including a municipal corporation, shall be entitled to connect therewith, or to use the same upon payment to the party incurring the primary expense thereof of a reasonable proportion of the cost of such lateral railroad or private sidetrack, and of the maintenance thereof, which shall be determined, in case of disagreement among the parties, by the commission, after notice to the interested parties, and a hearing. Such connection and use shall be made without unreasonable interference with the use thereof by the party incurring the primary expense of owning or leasing such lateral railroad or sidetrack.