§ 3-2602

Maryland § 3-2602

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 3

Text

(a) (1) A common carrier or an employee of the common carrier may not cause damage to public infrastructure that necessitates the closure of the public infrastructure.

(2) A violation of paragraph (1) of this subsection is a public nuisance.

(b) An action against a common carrier for a public nuisance caused by a violation of this section may be brought by the following:

(1) For public infrastructure owned, controlled, or maintained by the State, the State; or

(2) For public infrastructure owned, controlled, or maintained by a local government, counsel designated or retained by a local government of the jurisdiction where the infrastructure is located.

(c) (1) In an action brought under this section, the State or a local government may seek:

(i) Injunctive relief;

(ii) Declaratory relief; and

(iii) Compensatory damages for the cost of the repair or replacement of the affected infrastructure.

(2) In addition to any relief granted under paragraph (1) of this subsection, a common carrier that violates subsection (a) of this section may be liable to the State or local government for civil penalties of $1,000 per day for each day the public nuisance continues until the public infrastructure is sufficiently repaired for public use or is replaced.

(d) The State or a local government may file an action against a common carrier under this section at any time following the violation giving rise to the cause of action and until the public infrastructure is sufficiently repaired for public use or is replaced.