HLS 12RS-69 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 623
BY REPRESENTATIVE ST. GERMAIN
RAILROADS: Requires DOTD to provide notification to landowners about crossing
closures
AN ACT1
To amend and reenact R.S. 48:390(B) and 390.1(A)(2), relative to closure of railroad2
crossings; to require the Department of Transportation and Development to notify3
affected landowners prior to the closing of any railroad crossings; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 48:390(B) and 390.1(A)(2) are hereby amended and reenacted to7
read as follows: 8
§390. Railroad grade crossing improvement and elimination; notification9
* * *10
B.(1) The department, when it determines that it is necessary for the safety11
of the public, may improve, change the location of or abolish any existing public12
grade crossing on any state-maintained highway; however, prior to taking such13
action, the department shall notify any and all affected landowners. 14
(2) No provisions of this Section shall impose any liabilities of any nature15
upon the state of Louisiana or any agency thereof, nor shall any action or omission16
of the department be discoverable or admissible in any state court in Louisiana, and17
no record or document of the department compiled or prepared in connection with18
actions taken by the department pursuant to this Section, R.S. 48:390.1 or 23 USC19
U.S.C. 130 shall be discoverable or admissible in any state court in Louisiana.20
* * *21 HLS 12RS-69 ORIGINAL
HB NO. 623
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§390.1. Railroad grade crossing elimination; parish and municipal roads1
A.2
* * *3
(2) If the evaluation suggests that closure of a public grade crossing on a4
non-state maintained highway is necessary for safety and in the best interest of the5
public, the department shall encourage public participation in accordance with the6
following procedure:7
(a) Provide written notice to the local governing authority with jurisdiction8
over the non-state maintained highway, the railroad company whose railroad tracks9
are crossed at grade by the highway, any affected landowner, and any other party10
deemed by the department to be interested in the necessity to close a public grade11
crossing.12
(b) The notice shall establish a set time period of not less than thirty days for13
the local governing authority, railroad, any affected landowner, or other interested14
party to respond to the department.15
(c) The department shall attempt to address concerns of the local governing16
authority, the railroad, any affected landowner, or other interested party timely17
communicated to the department in writing or received at any public hearing held by18
the local governing authority relative to closure.19
* * *20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 623
Abstract: Requires DOTD to notify affected landowners prior to the closure of a railroad
crossing.
Present law provides that DOTD, when it has determined that it is necessary for the safety
of the public, may improve, change the location of, or abolish any existing public grade
crossing on any state-maintained highway.
Proposed law requires DOTD to notify any and all affected landowners before taking such
action. HLS 12RS-69 ORIGINAL
HB NO. 623
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that if an evaluation of a need to close a public railroad crossing
suggests the closure of a public grade crossing on a non-state maintained highway is
necessary for safety and in the best interest of the public, the department shall encourage
public participation in accordance with the following procedure:
(1)Provide written notice to the local governing authority with jurisdiction over the non-
state maintained highway, the railroad company whose railroad tracks are crossed
at grade by the highway, and any other party deemed by the department to be
interested in the necessity to close a public grade crossing.
(2)The notice shall establish a set time period of not less than 30 days for the local
governing authority, railroad, or other interested party to respond to the department.
(3)The department shall attempt to address concerns of the local governing authority,
the railroad, or other interested party timely communicated to the department in
writing or received at any public hearing held by the local governing authority
relative to closure.
Proposed law requires DOTD to notify any and all affected landowners.
(Amends R.S. 48:390(B) and 390.1(A)(2))