Sec. 1. 35-A MRSA §2313 is enacted to read:

§2313.__Protection of utility facilities upon abandonment

of railroad rights of way

Upon abandonment of a railroad line by a railroad company, a public utility with structures within the limits of the abandoned railroad right-of-way acquires an easement to allow the public utility to continue to maintain, repair, improve, replace or remove those structures.__Upon request for compensation from the owner of the land burdened by the easement, the public utility may either release its easement or pay the owner the difference in the value of the parcel burdened by the easement with and without the easement.__That difference in value is determined as provided in chapter 65.

Sec. 2. 35-A MRSA §3136, sub-§2, ¶D, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

D. Lands or easements owned or used by railroad corporations if the proposed or existing utility structures would substantially interfere with the provision of railroad services over existing railroad lines.

Sec. 35-A MRSA §3136, sub-§5 is enacted to read:

5.__Railroad ownership; value.__The value of land or easements owned or used by railroad corporations that are not excluded from eminent domain rights by operation of subsection 2, paragraph D and that are taken under this section is the difference between the value before and after the taking of the parcel from which the land or easement was taken.

SUMMARY

Traditionally, railroads in the State have issued licenses rather than deeded easements to public utilities to permit them to place lines across railroad rights-of-way. When a railroad company abandons or transfers its rights to another party, the utility may lose its license for its structures across those rights-of-way. This bill establishes that utilities would retain the same rights when a railroad is abandoned as when a public way is abandoned. The bill also clarifies that electric utilities can take necessary rights to cross railroad property unless the crossing would interfere with rail operations and clarifies the approach for determining the value of the land or easements.