House Bill 1442

(As Sent to Governor)

AN ACT TO AMEND SECTION 77-9-253, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A RAILROAD COMPANY SHALL NOT BE UNDER A DUTY TO MAKE AND MAINTAIN NECESSARY AND SUITABLE CROSSINGS FOR CERTAIN PLANTATION ROADS; TO PROVIDE FOR ENFORCEMENT OF THE DUTIES OF RAILROAD COMPANIES RELATING TO PLANTATION ROAD CROSSINGS BY A COURT OF COMPETENT JURISDICTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 77-9-253, Mississippi Code of 1972, is amended as follows:

77-9-253. (1) It is the duty of every railroad company to construct and maintain all necessary or proper stock gaps and cattle guards where its track passes through enclosed land, and to make and maintain convenient and suitable crossings over its track for necessary plantation roads. However, the duty to make and maintain convenient and suitable crossings for necessary plantation roads shall not apply to property under common ownership that is contiguous to a public road which provides access to a reasonably convenient public railroad crossing. For the purposes of this section, a public railroad crossing is reasonably convenient if it is one (1) mile or less from the plantation road measured along the railroad track.

(2) For any failure * * * to comply with subsection (1) of this section, the railroad company shall be liable to pay Two Hundred Fifty Dollars ($250.00), to be recovered by the person interested.

(3) A person owning or having an interest as cropper or tenant in land in an enclosure as described in subsection (1) of this section shall have a right of action under this section whether the land of such person is entered or traversed by said track or not.

(4) This section shall apply to all enclosed land, whether said land is or may be situated in a county or district where the stock law is or may be in force or not. The penalty provided for in subsection (2) of this section shall not be cumulative, and only one (1) recovery shall be had for each failure.

(5) The provisions of this section may be enforced by a court of competent jurisdiction.

(6) The provisions of this section shall not relieve a railroad company from the duty to continue to maintain convenient and suitable crossings over its track for necessary plantation roads and all necessary or proper stock gaps and cattle guards, if such crossings, stock gaps and cattle guards existed and were in use before July 1, 2002.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.