Bill Text: MS HB1113 | 2014 | Regular Session | Introduced

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Bill Title: Easement; may not be extinguished if granted over railroad crossing at specific location even when ownership changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-02-04 - Died In Committee [HB1113 Detail]

Download: Mississippi-2014-HB1113-Introduced.html

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MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Transportation; Judiciary B

By: Representative Moak

House Bill 1113

AN ACT TO PROVIDE THAT A PERMISSIVE EASEMENT OVER A RAILROAD CROSSING AT A SPECIFIC LOCATION MAY NOT BE EXTINGUISHED AND SHALL CONTINUE TO BE EFFECTIVE AT THAT LOCATION; TO PROVIDE THAT THE EASEMENT SHALL CONTINUE TO BE VALID NOTWITHSTANDING ANY CHANGES IN OWNERSHIP OF THE CROSSING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  If a person has been granted a permissive  easement for ingress and egress over a railroad crossing at a specific location by the owner of the crossing, then the easement may not be extinguished and shall continue to be effective at that same location.  Such easement shall continue to be valid notwithstanding any changes in the ownership of the crossing after the original grant of the easement and notwithstanding the assignment of the easement to another holder.

     (2)  The provisions of this section shall apply to any easement over a railroad crossing granted before January 1, 2014.

     (3)  The provisions of this section are cumulative and supplemental to any other provision of law.

     SECTION 2.  This act shall take effect and be in force from and after its passage.