UNOFFICIAL COPY 25 RS BR 227
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AN ACT relating to railroad crossings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 277 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Every railroad company shall destroy or remove plants, trees, brush, or other 5
obstructive vegetation upon its right-of-way at each intersection with a public 6
road or highway, for a: 7
(a) Distance of six hundred (600) feet; or 8
(b) Reasonably safe distance from the roadway of the public road or highway, 9
as determined by the Transportation Cabinet. 10
(2) If a railroad company fails to destroy or remove plants, trees, brush, or other 11
obstructive vegetation, the Transportation Cabinet, or the local government 12
maintaining the public road or highway, may send a written notice to the railroad 13
company's local agent that the vegetation must be removed within ten (10) days of 14
receiving the written notice. 15
(3) If a railroad company fails to remove the obstructive vegetation after receiving 16
this written notice, the Transportation Cabinet or local government shall: 17
(a) Remove the obstructive vegetation; and 18
(b) Recover the cost of the vegetation removal from the responsible railroad 19
company. 20
(4) The Transportation Cabinet or local government shall notify the responsible 21
railroad company of the amount due for vegetation removal by certified mail. If 22
the railroad company fails to pay the amount demanded within thirty (30) days, 23
the Transportation Cabinet or local government may take appropriate legal 24
action to collect the amount owed. 25