Bill Text: MS SB2164 | 2018 | Regular Session | Introduced

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Bill Title: Railroad right-of-way; unlawful to enter and remain upon without the permission of the owner or operator of the railroad.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [SB2164 Detail]

Download: Mississippi-2018-SB2164-Introduced.html

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MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division B; Highways and Transportation

By: Senator(s) Jackson (11th)

Senate Bill 2164

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, 2018.