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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) and to enact R.S. 48:394(D), relative to2
private railroad crossings; to prohibit closure of private railroad crossings; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 48:394(A)(1) and (C) are hereby amended and reenacted and R.S.6
48:394(D) is hereby enacted to read as follows: 7
ยง394. Private crossing elimination8
A.(1) Any railroad company operating in this state which desires to close or9
remove a private crossing shall, no less than one hundred eighty days prior to the10
proposed closing or removal, provide a written request by registered or certified mail11
to the Louisiana Public Service Commission and to the owner or owners of record12
of the private crossing traversed by the rail line. The written request shall state the13
reason the railroad company proposes to close such crossing. the manner in which14
such private railroad crossing unreasonably burdens or substantially interferes15
with rail transportation.16
* * *17 SB NO. 271
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Coding: Words which are struck through are deletions from existing law;
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C. If, after such public hearing, the commission determines that closure or1
removal of such private crossing is necessary for safety and in the best interest of the2
public, the private railroad crossing unreasonably burdens or substantially3
interferes with rail transportation, the commission shall publish in the official4
journal of the parish where such crossing is located and in the commission's official5
bulletin a notice stating the manner in which such closure or removal shall be made6
and the date of such.7
D. The provisions of this Section shall not apply when a private8
landowner or landowners and a railroad company enter into a consensual or9
negotiated written agreement or agreements to close a private railroad crossing.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Adley (SB 271)
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.
Proposed law provides that the provisions above shall not apply to consensual or negotiated
written agreements to close a private railroad crossing between a private landowner and
railroad company.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:394(A)(1) and (C); adds R.S. 48:394(D)) SB NO. 271
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Coding: Words which are struck through are deletions from existing law;
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Adds R.S. 48:394(D). Provides that the provisions of present law shall not
apply to consensual or negotiated written agreements to close a private
railroad crossing between private landowner and railroad company.