In this subtitle, “Maryland railroad company” means a railroad company organized under the laws of this State.

Except as otherwise provided by law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.

Except as provided in paragraph (2) of this subsection, a Maryland railroad company may locate, construct, maintain, and operate a railroad in the State if the railroad is not more than 100 feet wide at the graded surface. A railroad may be wider than 100 feet if the Maryland railroad company determines that it is necessary for: cuts and fills for a slope or embankment; multiple sets of tracks; or sidetracks, turnouts, depots, buildings, and other works connected with the operation of the railroad. A Maryland railroad company may acquire land and other property that it determines is convenient or necessary for the site of the railroad or for additions to the railroad by: purchase, either in fee simple or any lesser estate, in accordance with law; or condemnation under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article. A Maryland railroad company may acquire by purchase or gift lands near the railroad that it determines are necessary to secure the right-of-way or aid in the construction of the railroad. Land that a Maryland railroad company acquires may be held or conveyed as determined by the board of directors of the Maryland railroad company. Deeds and conveyances made by a Maryland railroad company shall be signed by the president of the company under its corporate seal. This section does not authorize a Maryland railroad company to condemn, use, or occupy any part of a highway, including the space under or over a highway, without the consent of the proper authorities of the municipal corporation or county where the highway is located.

A Maryland railroad company may cross or divert an unnavigable stream whenever it is necessary to construct a railroad. A Maryland railroad company that diverts a stream is liable for damage caused by the diversion. A Maryland railroad company may cross a canal or a navigable stream if the company: submits to the Board of Public Works a plan for the canal or stream crossing that includes the location and building plans of the bridge and other necessary fixtures; and receives written approval from the Board of Public Works. If the Board of Public Works disapproves a plan submitted by a Maryland railroad company or fails to approve the plan within 20 days after filing, the Maryland railroad company may apply to the circuit court of the county where the canal or stream crossing is planned or to another court of competent jurisdiction. The court shall: provide reasonable notice to the Board of Public Works; for good cause shown, appoint a disinterested and competent engineer, who does not reside in a county through which the Maryland railroad company’s railroad passes and who, within 20 days of being appointed: shall examine the canal or stream crossing; and shall establish a plan and any conditions necessary to cross the canal or stream in a way that will not impede navigation; and examine the engineer’s plan and conditions for the canal or stream crossing, and unless good cause is shown, approve the plan and conditions. An order by the court approving the plan and conditions for the canal or stream crossing shall be sufficient authority for the Maryland railroad company to elect, use, and occupy the bridge.

Whenever necessary in the construction of a railroad, a Maryland railroad company may cross the tracks of another railroad company. Crossings may be made at, over, or under grade. If a Maryland railroad company is unable to agree on the terms for a crossing with the railroad company whose track is to be crossed, then the Maryland railroad company may condemn the easement of the crossing under § 5-405 of this article. A Maryland railroad company that constructs a crossing at grade shall: at its own expense, erect a proper signal station at the crossing and keep a watchman there; and give precedence to the trains of the railroad company whose tracks are crossed. A Maryland railroad company that constructs an undergrade or overgrade crossing shall construct the crossing so as not to interfere with the passage of the trains of the railroad company whose tracks are being crossed.

A Maryland railroad company may: cross or divert a highway whenever necessary for the construction of a railroad; at its own cost and expense, carry a highway over its track by an overgrade crossing, or under its track by an undergrade crossing if the Maryland railroad company considers that the highway crossing is dangerous; and exercise the powers of condemnation, under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article, to acquire additional property and rights necessary to construct an overgrade or undergrade crossing. Whenever a Maryland railroad company crosses or diverts a highway, it shall, without necessary delay, return the highway to its former usefulness. Overgrade and undergrade crossings shall be at least 20 feet wide, and the grades approaching the crossings may not be greater than a rise of 6 feet in one hundred. The height of an undergrade crossing from the surface of the roadway shall be at least 14 feet. When constructing the approaches to an overgrade or undergrade crossing, the Maryland railroad company may change the grade of the road or highway to be carried on the new crossing. If the grade is changed under paragraph (3) of this subsection: the grade change of the road shall be at the expense of the Maryland railroad company; and the Maryland railroad company has the same rights and liabilities that county officials have in changing the grades of public highways. Except as provided in paragraph (2) of this subsection, whenever a Maryland railroad company constructs an overgrade or undergrade crossing, all grade crossings within 600 yards of the new crossing may be closed by the Maryland railroad company and another crossing may not be opened within 600 yards of the new crossing. The prohibition against the maintenance and opening of a grade crossing within 600 yards of a newly constructed overgrade or undergrade crossing does not apply: in a municipal corporation, without the consent of the mayor and council; and in an unincorporated area of a county with a population of 2,000 or more people, without the consent of the local governing body.

If the right-of-way or location of any part of an unfinished railroad remains unused for railroad purposes for 10 years or longer, the right-of-way or location is deemed abandoned and may be purchased or condemned by a railroad company under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article.

Subject to § 6-101(c) of this article, a Maryland railroad company may acquire, own, hold, pledge, sell, dispose of, endorse, guarantee, or assume the stocks, bonds, and other securities of: a Maryland railroad company; a railroad company of any other state; and an inland, coast, or ocean transportation company. A Maryland railroad company may own and operate a line of steamships or steamboats if they can be used wholly or partly, in connection with the business of the Maryland railroad company.

The presumption of negligence established in this section does not apply if: the damages or injuries were caused by a fire that occurred in or about a railroad terminal that receives, delivers, or tranships freight; and the fire may have resulted from the negligence of an individual who works in or about the terminal but is not employed by or under the control of the railroad company. Unless a railroad company proves that damages or injuries were not the result of any negligence on the part of the company, a railroad company is liable in a civil action for: injuries to livestock that occur on the company’s tracks; and damages that result from a fire that originated from the company’s engines or cars.

A railroad that crosses or connects with another railroad may use the track or roadway of the other railroad, for up to 5 miles, to move locomotives, cars, and tonnage. The rate of tolls that a railroad charges under this section for locomotives, cars, and tonnage may not exceed the rate per ton per mile, or proportionate part of a mile used, that the railroad charges for through freight per ton per mile. A railroad company that violates this section is liable to an aggrieved party in a civil action for an amount not less than $500 and not exceeding $1,000 for each day of noncompliance.

At least 30 days before making a determination, the local governing body of a county shall notify a railroad company that the county will consider the need to protect a railroad crossing over a public highway if: the crossing is in the county but outside of a municipal corporation; the crossing is at grade; and the highway is believed to be of a character as to render dangerous the passage of locomotives and trains on it. A county shall give the notice by serving written notice on the superintendent or other agent of the railroad company in the county. After the 30-day period, the local governing body of a county may determine that protection is necessary at the crossing. The county shall notify the railroad company through its superintendent or ticket agent in the county that, within 60 days, the railroad company shall: place a flagman or a system of electric alarm bells at the crossing to give timely notice to all persons using the crossing of the approach of trains; erect safety gates at the crossing that shall be closed not less than one-half minute before the passage and during the passage of a train; or change the crossing at grade to an undergrade or overgrade crossing. If a railroad company does not comply with the requirements of a county under subsection (a)(4) of this section, the railroad company is subject to a fine of $25 per day for each day that the company is not in compliance. As other fines are collected, the local governing body of a county shall enforce the payment of fines imposed by subsection (b) of this section in the circuit court for the county. The State’s Attorney of the county shall prosecute under this subsection when the local governing body of the county so directs.

Each safety gate at a grade crossing in the State shall have reflectors of sufficient size to ensure visibility at night. The Secretary of Transportation shall adopt regulations to carry out this section. A railroad company that does not comply with an order of the Secretary of Transportation to provide or maintain reflectors under this section is subject to a fine of $100 per day for each day that the company is not in compliance.

At each place where its tracks cross a public highway, a Maryland railroad company shall erect signs high enough to allow all vehicles to pass and with large and distinct letters that warn of the proximity of the railroad crossing and of the necessity to look for trains. A Maryland railroad company that neglects or refuses to comply with the requirements of this section is liable for any resulting injuries to individuals or damages to property.