Chapter 113
2010 -- H 7943 SUBSTITUTE A
Enacted 06/22/10
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND PUBLIC RAIL CORPORATION
Introduced By: Representatives Kilmartin, San Bento, Shallcross Smith, Carter, and
McCauley
Date Introduced: March 25, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 42-64.2-5 of the General Laws in Chapter
42-64.2 entitled "Rhode
Island Public Rail
Corporation Act" is hereby amended to read as follows:
42-64.2-5.
Additional general powers. -- In addition to the
powers enumerated in
section 42-64.2-4, except to the extent inconsistent with any
specific provisions of this chapter,
the
(1) Receive from the
state title to certain real estate situated in
more specifically described as: all of the right, title
and interest, to the railroad right of way
known as the Bristol Secondary, identified as Line Code
4165 in the records of the
railway association and situated in the city of
westerly side of
River in the city of
by -- PS -- on case plan no. 66190, together with all
the real property in the cities lying in, under,
above, along, and immediately contiguous to those lines as
herein designated.
Being a part or portion
of that same premises which Robert W. Blanchett,
Richard C.
Bond and John H. McArthur, as trustees of the property
of Penn Central transportation company,
debtor, by conveyance document no. PC-CRC-RP-223, dated
March 30, 1976 and recorded in
document no. PC-CRC-RP-227, recorded in the city of
1978 in book 1208, page 752 etc., granted and conveyed
into the consolidated rail corporation.
(2) To acquire property
and railroad operating rights from the
railroad including that property and those rights relating to
the railroad lines known as:
(i)
(ii)
(iii) Wrentham
industrial track;
(iv)
(v)
(vi)
(3) To transfer
property rights and railroad operator's rights as it deems proper to achieve
the purposes of this chapter to the state.
(4) Upon notification
to the director of the department of transportation, to defend,
indemnify and save harmless the national railroad passenger
corporation (Amtrak) and third-
parties to the extent that Amtrak is required to defend and
indemnify third-parties, for all claims,
damages, losses, liabilities, and expenses for personal
injury, bodily injury, death, or property
damage (including, but not limited to, environmental
conditions and pre-existing environmental
conditions) and interference with the use of Amtrak’s property
which would not have occurred,
would not have been discovered, or would not have been
incurred but for the existence of any
road or bridge or appurtenance thereto, located or to be
located on, above, under or within the
boundary of any property owned or controlled by Amtrak, or
within the boundary of any railroad
safety envelope established pursuant to a federal program of
safety regulations, and owned or
used by the State of
the State of
subcontractor or invitee of the state or any municipality, public
corporation or instrumentality of
the state relating to any road or bridge or appurtenance
thereto located or to be located on, above,
under or within the boundary of any property owned or
controlled by Amtrak, or within the
boundary of any railroad safety envelope established pursuant
to a federal program or safety
regulations. The indemnity authorized by this section shall
extend to any existing agreements
between the State of
SECTION 2. This act shall take effect upon passage.
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LC02280/SUB A
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