§ 2513. Lines along railroad tracks; wireless and other telecommunications facilities
(a) A company subject to the jurisdiction of the Public Utility Commission may erect and
maintain its telecommunications or electric transmission and distribution lines and
facilities along the sides of railroad tracks within the limits of lands owned or
held by a railroad on paying reasonable compensation to the railroad. If they cannot
agree upon the amount of reasonable compensation, it shall be determined by the Transportation
Board which shall ascertain the compensation.
(b) Wireless telecommunications and broadband facilities may be erected and maintained
within the limits of lands owned or held by a railroad in the same manner as other
utility facilities.
(c) For purposes of this section, “broadband” shall have the same definition as in the
rules adopted by the Public Utility Commission for purposes of attachment to utility
poles. (Amended 1995, No. 168 (Adj. Sess.), § 4; amended 1997, No. 144 (Adj. Sess.), § 26; 2007, No. 79, § 7, eff. June 9, 2007.)
Delaware & Hudson Ry. Co. v. Cent. Vermont Pub. Serv. Corp., 360 A.2d 86 (Vt. 1976). · cites it 3דThe enactment involved is 30 V.S.A. § 2513: A domestic telegraph, telephone or electric light company may erect and maintain its line along the sides of railroad tracks within the limits of lands owned or held by a railroad corporation on paying to it reasonable compensation…”
Preseault v. City of Burlington, 464 F.3d 215 (2d Cir. 2006). “Vt. Stat. Ann. tit. 30 § 2513(a). It further provides that, upon transfer of a railroad easement, a line authorized by section 2513 remains the property of the installing utility.”
Delaware & Hudson Ry. Co. v. Cent. Vermont Pub. Serv. Corp., 365 A.2d 275 (Vt. 1975). “It appearing that the action brought before the Rutland Superior Court is governed by the provisions of 30 V.S.A. § 2513 the judgment is vacated and the cause dismissed for lack of jurisdiction.”
Preseault v. City of Burlington, 464 F.3d 215 (2d Cir. 2006). “Vt. Stat. Ann. tit. 30 § 2513(a). It further provides that, upon transfer of a railroad easement, a line authorized by section 2513 remains the property of the installing utility.”
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