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Railroad connections with sidetracks and laterals - 66 Pa. Cons. Stat. § 2701

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                                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.

Last modified: November 27, 2007