Subchapter D. CROSSING PROCEEDINGS
Sec.
3.361. Crossing complaints.
3.362. Reimbursement of damages from crossings.
3.363. Claims for property damages from crossings.§ 3.361. Crossing complaints.
(a) Whenever a complaint is made under section 2702 of the act (relating to construction, relocation, suspension and abolition of crossings) that a crossing is dangerous or inadequate and requires reconstruction, relocation, alteration or abolition, public utilities, owners of the railroad right-of-way and municipal corporations concerned and, if applicable, the Department of Transportation, will be made parties respondent.
(b) In complaint proceedings under section 2702 of the act for the relocation, alteration or abolition of crossings, the complainant shall publish a concise statement of the proceeding which designates the crossing with sufficient particularity to be readily identifiable by owners of property adjacent thereto or affected thereby, with notice of time and place fixed by the Commission for hearing, once a week for 2 consecutive weeks immediately prior to the date of hearing in at least one newspaper of general circulation, in the county in which the crossing is located. Proof of the publication shall be filed with the Commission on or before the date of hearing.
Authority The provisions of this § 3.361 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 3.361 amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (250645).
Cross References This section cited in 52 Pa. Code § 5.13 (relating to applications for construction or alteration of crossings); and 52 Pa. Code § 5.14 (relating to applications requiring notice).
§ 3.362. Reimbursement of damages from crossings.
Petitions for reimbursement for amounts paid by way of damages, shall be served on the parties of record who have been required in the original order of the Commission to pay the damages on the property, and shall contain as exhibits a certified copy of the order of the court or reference to the Commission order awarding damages and proof of payment of the award. The petition should set out the terms of the order affording the basis for reimbursement.
Cross References This section cited in 52 Pa. Code § 5.14 (relating to applications requiring notice).
§ 3.363. Claims for property damages from crossings.
(a) Claims for property damage for property taken, injured or destroyed must conform with the following requirements:
(1) Be captioned ‘‘
, Plaintiffs, v. Defendants.’’(2) Follow, in general as to form and content, the form available from the Secretary.
(3) Name as defendants those charged with the duty of paying the damages under the provisions of the order of the Commission.
(b) A prima facie claim shall first be filed with the Commission. After filing and service and opportunity to answer, the Commission may proceed to resolve the claim, or under section 2704 of the act (relating to compensation for damages occasioned by construction, relocation or abolition of crossings) may submit the matter to the court of common pleas of the proper county. In either case, notice will be given by the Commission to all parties to the claim.
Authority The provisions of this § 3.363 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 3.363 amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (250645) to (250646).
Cross References This section cited in 52 Pa. Code § 5.14 (relating to applications requiring notice).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
