Bill No.: HB0202                  Drafter:  LGC

LSO No.:  11LSO-0543              Effective Date:  7/1/2011

Enrolled Act No.:  HEA0072

Chapter No.:       159

Prime Sponsor:     Representative Brown

Catch Title:       Railroads-fence repairs.

Subject:            Repair of fences on railroad rights of way.

Summary/Major Elements:

● Under current law the owner of land wherein a railroad traverses the property may notify the railroad and department of transportation if a fence is damaged or in disrepair.  If the railroad fails to commit that it will make the repairs within three business days or fails to complete the repairs within five days the landowner has the right to make the repairs himself and be reimbursed by the railroad for those repairs.

● This act modifies the time for making the repairs beyond the five day limit if mutually agreed by the parties.

● This act specifies that repairs made by a landowner pursuant to this law shall not be deemed to create any continuing duty or any landowner liability.