Title 42
State Affairs and Government

Chapter 64.2
Rhode Island Public Rail Corporation Act

§ 42-64.2-5. Additional general powers.

In addition to the powers enumerated in § 42-64.2-4, except to the extent inconsistent with any specific provisions of this chapter, the Rhode Island public rail corporation shall have the power to:

(1) Receive from the state title to certain real estate situated in Providence, Rhode Island, 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 United States railway association and situated in the city of Providence and city of East Providence, county of Providence and state of Rhode Island, as extends in a general eastwardly direction from the westerly side of Canal Street in the city of Providence and to the Harbor Line of the Seekonk River in the city of East Providence on the East; the railroad right of way is set out and designed 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 that 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 East Providence, Rhode Island on October 18, 1978 in book 372, page 244 etc., and conveyance document no. PC-CRC-RP-227, recorded in the city of Providence, Rhode Island on October 18, 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 Providence and Worcester railroad including that property and those rights relating to the railroad lines known as:

(i) Washington secondary branch;

(ii) Warwick industrial track;

(iii) Wrentham industrial track;

(iv) Pontiac secondary branch;

(v) Moshassuck Valley industrial track;

(vi) East Providence secondary branch.

(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 that would not have occurred, would not have been discovered, or would not have been incurred but for the existence of any platform, structure, building, road, bridge, or appurtenance to any of the foregoing, 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 Rhode Island or any municipality, public corporation, or instrumentality of the State of Rhode Island, or but for the activities of any employee, agent, contractor, subcontractor, or invitee of the state or any municipality, public corporation, or instrumentality of the state relating to any platform, structure, building, road, bridge, or appurtenance to any of the foregoing, 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 Rhode Island and Amtrak without any further act.