Sections
Part 1 Role of Commission — Penalties § 69-14-101 – § 69-14-137
Part 2 Requirements for Railroads § 69-14-201 – § 69-14-252
Part 6 Railroad Highway Crossings § 69-14-601 – § 69-14-626
Part 7 Protection of Livestock and Agricultural Resources § 69-14-701 – § 69-14-722
Part 9 Grain and Commodity Storage and Transportation § 69-14-901 – § 69-14-932
Part 10 Railroad Personnel § 69-14-1001 – § 69-14-1006
Part 11 Sale or Transfer of Railroad Line § 69-14-1101 – § 69-14-1103
Part 12 Railroad Vandalism Prevention Act § 69-14-1201 – § 69-14-1206

Terms Used In Montana Code > Title 69 > Chapter 14 - Railroads

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bodily injury: means :

    (a)a cut, abrasion, bruise, burn, or disfigurement;

    (b)physical pain;

    (c)illness;

    (d)impairment of the function of or loss of a bodily member, organ, or mental faculty; or

    (e)any other injury to the body, no matter how temporary. See Montana Code 69-14-1203

  • Buyer: means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, or other agreement, to continue the commercial transportation of goods or passengers. See Montana Code 69-14-1101
  • commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Enter railroad property: includes but is not limited to performing vandalism or other unlawful activity on railroad property. See Montana Code 69-14-1203
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Labor organization: means any organization or association of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 69-14-1101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Railroad: means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. See Montana Code 69-14-1203
  • railroad: means a corporation, company, or individual owning or operating a railroad in whole or in part in this state. See Montana Code 69-14-102
  • Railroad carrier: means an entity that provides rail transportation. See Montana Code 69-14-1203
  • Railroad property: means all tangible real and personal property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. See Montana Code 69-14-1203
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right-of-way: means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as railroad property by fencing or appropriate signs. See Montana Code 69-14-1203
  • Seller: means a person, corporation, association, or business entity that transfers a line of railroad by sale, lease, or other agreement. See Montana Code 69-14-1101
  • Serious bodily injury: means bodily injury that involves:

    (a)a substantial risk of death;

    (b)extreme physical pain;

    (c)protracted and obvious disfigurement; or

    (d)protracted impairment of the function of or loss of a bodily member, organ, or mental faculty. See Montana Code 69-14-1203

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transaction: means the limited purchase, sale, or transfer of part of a line of railroad that will be operated by a common rail carrier. See Montana Code 69-14-1101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vandalism to railroad property: means committing an act that may cause damage to railroad property or bodily injury to another person. See Montana Code 69-14-1203
  • Verdict: The decision of a petit jury or a judge.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203
  • Yard: means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs. See Montana Code 69-14-1203