Current with changes from the 2024 Legislative Session
Section 5-406 - Railroad companies - Change in location or grade(a)(1) A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:(i) inconvenience to public travel;(ii) dangerous or difficult curves or grades; or(iii) unsafe or unsubstantial grounds or foundations.(2) A change of location or grade under this section shall follow the general route of the existing road.(3) A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.(b)(1) A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.(2) The amount of damages determined shall be paid to the owner or deposited into court.(3) An owner shall claim damages within: (i) 30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or(ii) 60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.(c) If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.