Senate Bill 2040

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO ENTER AND REMAIN UPON THE RIGHT-OF-WAY OF A RAILROAD WITHOUT THE PERMISSION OF THE OWNER OR OPERATOR OF THE RAILROAD OR WITHOUT AUTHORITY OTHERWISE GRANTED BY LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be unlawful for any person to enter and remain on the right-of-way of a railroad without the permission of the owner or operator of the railroad or without authority otherwise granted by state or federal law.

(2) Nothing in this section shall apply to:

(a) A person crossing the right-of-way of a railroad at a public or private crossing;

(b) Right-of-way that has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the right-of-way and is not being used for railroad services; or

(c) Representatives of utilities or other agencies with easements across or along the railroad in the performance of their duties.

(3) As used in this section, "right-of-way" means track, roadbed and adjacent property which would be readily recognizable to a reasonable person as railroad property.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.