MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Highways and Transportation; Judiciary

By: Senator(s) Dearing

AN ACT TO MAKE UNLAWFUL CERTAIN ACTS COMMITTED ON A RAILROAD RIGHT-OF-WAY AND TO PROVIDE PENALTIES THEREFOR; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Except as otherwise provided in subsection (2) of this section, it shall be unlawful for any person to do any of the following acts without first having obtained written permission from the owner or operator of the railroad line:

(a) To trespass or otherwise be upon or along the right-of-way or yard of a railroad company other than to pass over the right-of-way or yard within a public or private crossing;

(b) To attempt to board or disembark from a moving freight train;

(c) To damage or deface, or attempt to damage or deface, railroad track, signals, switches, buildings, structures, bridges, right-of-way, wire lines, motive power, rolling stock or other property; or

(d) To dump, or cause to be dumped, upon railroad right-of-way any paper, ashes, sweepings, household wastes, glass, metal, tires, mattresses or other furniture, dangerous substances or any other refuse or substance of any kind.

(2) Subsection (1) of this section shall not apply to:

(a) Railroad passengers who are utilizing those parts of railroad property designated for passenger usage;

(b) Railroad employees engaged in the performance of their duties;

(c) A person going upon the right-of-way or tracks in an effort to save a human being, a farm animal or a domestic pet;

(d) An authorized representative of railroad employees;

(e) Public officials, such as representatives of the Mississippi Department of Transportation, Surface Transportation Board, Federal Railroad Administration and National Transportation Safety Board, who are engaged in the performance of official duties; or

(f) Representatives of utilities or other agencies with easements across or along the railroad.

(3) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, be punished by imprisonment for not more than twenty-four (24) hours or by a fine of Twenty-five Dollars ($25.00), or both.

(4) Any person who violates the provisions of subsection (1)(b), (c) or (d) of this section shall be guilty of a misdemeanor and, upon conviction thereof, be punished by imprisonment for not more than thirty (30) days or by a fine of not less than Fifty Dollars ($50.00) but not more than Two Hundred Fifty Dollars ($250.00), or both, and may be required to pay any clean-up costs.

(5) The penalties provided for in this section shall be in addition to any other penalties provided by law for the same or similar acts.

(6) The provisions of this section shall not apply to any railroad right-of-way which has been legally abandoned and which is not being used for railroad purposes.

(7) As used in this section the term "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, 2001.