(a) Notwithstanding any other provision of the general statutes, the Commissioner of Transportation may declare a state of emergency and may employ, in any manner, such assistance as the commissioner may require to restore any railroad owned by the state or any of its subdivisions or the facilities, equipment or service of such railroad, any transit system or its facilities, equipment or service, or any airport when: (1) A railroad system owned by the state or any of its subdivisions or any of the facilities or equipment of such railroad system is deemed by the commissioner to be in an unsafe condition or when there is an interruption of essential railroad services, whether or not such system or any of its facilities or equipment is physically damaged; (2) a transit facility owned by the state or any of its subdivisions or the equipment of such facility is damaged as a result of a natural disaster or incurs substantial casualty loss which results in what is deemed by the commissioner to be an unsafe condition or when there is an interruption of essential transit services; or (3) an airport owned or operated by the state or any of its subdivisions or the equipment of such airport is damaged as a result of a natural disaster or incurs substantial casualty loss which results in what is deemed by the commissioner to be an unsafe condition or when there is an interruption of essential transit services.

Terms Used In Connecticut General Statutes 13b-4d

  • Commissioner: means the Commissioner of Transportation appointed pursuant to this chapter. See Connecticut General Statutes 13b-2
  • railroad company: shall be construed to mean and include all corporations, trustees, receivers or other persons, that lay out, construct, maintain or operate a railroad, unless such meaning would be repugnant to the context or to the manifest intention of the General Assembly. See Connecticut General Statutes 1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Transportation: means any form of transportation for persons or goods within, to or from the state, whether by highway, air, water, rail or any other means. See Connecticut General Statutes 13b-2

(b) When a privately-owned railroad system, its facility or equipment is damaged as a result of a natural disaster or incurs substantial casualty loss which results in an unsafe condition or the interruption of essential railroad service, the railroad company may request the commissioner to declare a state of emergency, and said commissioner may comply with such request and may provide assistance to such railroad company in any manner the commissioner deems necessary to restore such railroad system, facility, equipment or service.

(c) When the commissioner declares a state of emergency pursuant to this section, the commissioner shall have the right to enter upon and utilize private property to correct the unsafe condition or restore the interruption of essential railroad or transit services. The commissioner shall make a reasonable effort to notify the owner of record of such property prior to entering such property. The owner shall be compensated for the use of such property in the manner prescribed in § 13a-73 for acquiring real property for state highway purposes.

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