Mich. Comp. Laws § 462.101
Short title.
This act shall be known and may be cited as the "railroad code of 1993".
Michigan Compiled Laws — RAILROAD CODE OF 1993 (Act 354 of 1993)
Michigan · statute · 354 of 1993, Mich. Comp. Laws · 97 active provisions
Mich. Comp. Laws § 462.103
Meanings of words and phrases.
The words and phrases in sections 105 to 109 shall have the meanings respectively ascribed to them in those sections.
Mich. Comp. Laws § 462.105
Definitions; A to G.
(1) "Active traffic control devices" means those traffic control devices located at or in advance of grade crossings, activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, manually operated devices, and a crossing watchperson, all of which display to oper…
Mich. Comp. Laws § 462.107
Definitions; H to P.
(1) "High speed rail corridor" means any railroad line having been formally designated by the United States department of transportation as a high speed rail corridor. (2) "Nonmotorized trail" means a public or privately owned or operated traveled way, the use of which is restricted to pedestrians or nonmotorized conve…
Mich. Comp. Laws § 462.109
Definitions; R to W.
(1) "Railroad" means a person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating in this state either as a common carrier for hire or for private use as a carrier of persons or property upon cars operated upon stationary rai…
Mich. Comp. Laws § 462.131
Regulatory and police power of department; rules.
(1) To the extent provided in this act, the department shall have and exercise regulatory and police power over railroad companies in this state insofar as such power has not been preempted by federal law or regulation. (2) The department may promulgate and enforce rules relating to sanitation and adequate shelter as a…
Mich. Comp. Laws § 462.133
Records to be kept by department.
The department shall keep a record of all its findings, decisions, determinations, and investigations under this act.
Mich. Comp. Laws § 462.137
Reports to be furnished to department.
Railroads shall furnish to the department copies of Michigan train-vehicle accident reports filed with the federal railroad administration.
Mich. Comp. Laws § 462.153
Orders; oaths; official acts; subpoenas; witnesses; production of documents; contempt; witness fees and mileage; depositions; record of proceedings; copy of transcript.
(1) The department, for the purposes mentioned in this act, may issue orders, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, and other related documents. If a person refuses or willfully fails to comply with an order of the de…
Mich. Comp. Laws § 462.155
Rescission, alteration, or amendment of order.
The department, at any time upon application of a person and upon at least 10 days' notice to the parties interested, and after opportunity to be heard, may rescind, alter, or amend any order issued by the department. Certified copies shall be served and take effect as provided in this act for original orders.
Mich. Comp. Laws § 462.157
Orders, regulations, practices, and services; effect.
All orders, lawfully promulgated regulations, practices, and services prescribed by the department shall be in force and shall be prima facie lawful and reasonable until finally found otherwise in an action brought for the purpose pursuant to the appeal provisions of this act, or until changed or modified by the depart…
Mich. Comp. Laws § 462.159
Rehearing.
The department may grant a rehearing and alter, amend, or modify its previous findings and orders.
Mich. Comp. Laws § 462.161
Review of order; time for bringing action.
The time allowed by law for bringing an action to review any order of the department, shall continue after the order denying a rehearing or made upon a rehearing, for the same number of days now provided by law for review of the order upon which a rehearing was denied or had.
Mich. Comp. Laws § 462.171
Action to vacate or set aside order; issuance of injunction to stay or suspend order; different or additional evidence; appeal; burden of proof.
(1) Any railroad or other party in interest, being dissatisfied with any order of the department may within 30 days after the issuance of the order commence an action in the circuit court for the county of Ingham, against the department as defendant to vacate and set aside the order. The department shall be served with…
Mich. Comp. Laws § 462.173
Service of process; practice and rules of evidence; execution of process; certified copies of orders.
(1) In all actions and proceedings in court arising under this act process shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise provided in this act. A sheriff or other officer empowered to execute civil process may execute any process issued under this act a…
Mich. Comp. Laws § 462.175
Authority of department to obtain information.
The department may obtain from any party all necessary information to enable it to perform the duties and carry out the requirements set forth in this act.
Mich. Comp. Laws § 462.201
Corporation; formation; purpose; articles of association; filing; powers of subscribers; increasing or decreasing number of directors; resolution.
(1) One or more persons may form a corporation for the purpose of constructing, operating, and maintaining a railroad, railroad bridge, or railroad tunnel by subscribing articles of association, in which shall be set forth the name of the corporation, the number of years the corporation is to be continued or if it is t…
Mich. Comp. Laws § 462.203
Stock certificate; signature; seal.
The stock of every corporation, incorporated under this act, shall be represented by certificates signed by the president or vice-president, and the secretary or an assistant secretary, or the treasurer or an assistant treasurer. The certificate shall be sealed with the seal of the corporation. When a certificate is si…
Mich. Comp. Laws § 462.205
Applicability of MCL 450.1101 to 450.2098 to railroad corporations.
The business corporation act, Act No. 284 of the Public Acts of 1972, being sections 450.1101 to 450.2098 of the Michigan Compiled Laws, shall apply to railroad corporations incorporated under this act or a former act repealed by this act, unless otherwise provided in or inconsistent with this act or the former act und…
Mich. Comp. Laws § 462.207
Records of corporations formed under former acts; duration, rights, and limitations of existing corporations.
(1) Within 30 days after the effective date of this act, the department, the secretary of state, or any other agency having records of corporations formed under former acts repealed by this act shall certify and send to the department of commerce for filing the articles of association, as amended or restated, and any c…
Mich. Comp. Laws § 462.211
Board of directors; corporate powers; stockholders entitled to vote for directors; election of president; powers of board of directors generally; voting by stockholders; quorum; vacancy.
(1) All of the corporate powers of any corporation organized under this act, or under any former act for the incorporation of railroads, are vested in the board of directors, except as otherwise provided in this act. A stockholder shall not be entitled to vote for directors, or for any other purpose, who shall be in ar…
Mich. Comp. Laws § 462.213
Articles of association; alteration and amendment; signature; certification; filing; effect; recording; powers of railroad company; copies as prima facie evidence; public inspection of records and files.
(1) A corporation organized under this act, or under any former act for the incorporation of railroads, upon a vote of its stockholders holding shares representing 2/3 of the voting power of the outstanding capital stock entitled to vote on the question, at any annual or special meeting of the stockholders, may alter a…
Mich. Comp. Laws § 462.215
Board of directors; election; classification; terms; meetings; notice; removal of directors or officers; rules, regulations, and directions; stockholder vote by proxy; adjournment of meeting.
(1) At any meeting of stockholders for the election of directors, the stockholders may classify the directors into 3 classes, as near as may be, 1 of which shall hold their office 1 year, 1 for 2 years, and 1 for 3 years, and until their successors are respectively elected. At all subsequent elections directors shall b…
Mich. Comp. Laws § 462.217
Annual meeting; statement of affairs.
At each annual meeting of stockholders the board of directors shall present a clear and full statement of the affairs of the railroad company for the preceding year.
Mich. Comp. Laws § 462.219
Subscribers to capital stock; payment in installments; forfeiture of stock for neglect or refusal to pay.
The board of directors may, by resolution, require the subscribers to the capital stock to pay the amounts by them respectively subscribed in a manner and in installments as the board considers proper. If a subscriber neglects or refuses to pay an installment, the company may sue for and collect the installment. If the…
Page 1 of 4Next →