SLS 10RS-519 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 271
BY SENATOR ADLEY
RAILROADS. Prohibits railroads from closing private crossings if the crossing does not
unreasonably burden or substantially interfere with rail transportation. (gov sig)
AN ACT1
To amend and reenact R.S. 48:394(A)(1) and (C), relative to private railroad crossings; to2
prohibit closure of private railroad crossings; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 48:394(A)(1) and (C) are hereby enacted to read as follows: 5
ยง394. Private crossing elimination6
A.(1) Any railroad company operating in this state which desires to close or7
remove a private crossing shall, no less than one hundred eighty days prior to the8
proposed closing or removal, provide a written request by registered or certified mail9
to the Louisiana Public Service Commission and to the owner or owners of record10
of the private crossing traversed by the rail line. The written request shall state the11
reason the railroad company proposes to close such crossing. the manner in which12
such private railroad crossing unreasonably burdens or substantially interferes13
with rail transportation.14
* * *15
C. If, after such public hearing, the commission determines that closure or16
removal of such private crossing is necessary for safety and in the best interest of the17 SB NO. 271
SLS 10RS-519 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
public, the private railroad crossing unreasonably burdens or substantially1
interferes with rail transportation, the commission shall publish in the official2
journal of the parish where such crossing is located and in the commission's official3
bulletin a notice stating the manner in which such closure or removal shall be made4
and the date of such.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law requires a railroad company which desires to close or remove a private crossing
to make a written request to the Louisiana Public Service Commission and to the owner or
owners of record of the private crossing traversed by the rail line. After a public hearing,
the commission may allow the closure of the private crossing if it determines that closure
or removal of the private crossing is necessary for safety and in the best interest of the
public.
Proposed law requires a determination by the commission that the private railroad crossing
unreasonably burdens or substantially interferes with rail transportation before closure of the
crossing is allowed.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:394(A)(1) and (C))