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This entry was published on 2014-09-22
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SECTION 52-A
Fences along road operated by electric third rail
Railroad (RRD) CHAPTER 49, ARTICLE 3
§ 52-a. Fences along road operated by electric third rail.
Notwithstanding the provisions of section fifty-two or of any other law,
general or special, within a city containing a population of over one
million inhabitants according to the last preceding federal census or
state enumeration, every railroad corporation operating a railroad
deriving its motive power in whole or in part from an electrified third
rail shall erect and thereafter maintain a fence or fences along the
boundary line of its right of way contiguous and adjacent to a public
highway running generally parallel to or terminating at such boundary
line whenever the commissioner of transportation after a hearing on
notice to such railroad corporation shall determine it to be necessary
for the public welfare and shall by order so direct. The order of the
commissioner of transportation may prescribe the height, length,
materials and design of such fence or fences.