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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) and to enact R.S. 48:390(I) and2
390.1(D), relative to closure of railroad crossings; to require the Department of3
Transportation and Development to notify affected landowners prior to the closing4
of any railroad crossings; and to provide for 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 and7
R.S. 48:390(I) and 390.1(D) are hereby enacted to 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 take the following actions:14
(a) Notify any and all affected persons owning land which is within a two-15
mile radius of the public grade crossing proposed to be improved, changed, or16
closed.17
(b) Post a notice at the grade crossing proposed to be improved, changed, or18
closed. 19
(2) No provisions of this Section shall impose any liabilities of any nature20
upon the state of Louisiana or any agency thereof, nor shall any action or omission21 HLS 12RS-69 REENGROSSED
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of the department be discoverable or admissible in any state court in Louisiana, and1
no record or document of the department compiled or prepared in connection with2
actions taken by the department pursuant to this Section, R.S. 48:390.1 or 23 USC3
U.S.C. 130 shall be discoverable or admissible in any state court in Louisiana.4
* * *5
I. The department shall, no later than December 31, 2012, promulgate rules6
and regulations pursuant to the Administrative Procedure Act and subject to7
oversight of the House and Senate committees on transportation, highways, and8
public works, to implement the provisions of Subsections A, B, F, and G of this9
Section, including but not limited to notice, whom to notify, methods of notice, and10
posting requirements.11
§390.1. Railroad grade crossing elimination; parish and municipal roads12
A.13
* * *14
(2) If the evaluation suggests that closure of a public grade crossing on a15
non-state maintained highway is necessary for safety and in the best interest of the16
public, the department shall encourage public participation in accordance with the17
following procedure:18
(a) Provide written notice to the local governing authority with jurisdiction19
over the non-state maintained highway, the railroad company whose railroad tracks20
are crossed at grade by the highway, any and all affected persons owning land which21
is within a two-mile radius of the public grade crossing proposed to be closed, and22
any other party deemed by the department to be interested in the necessity to close23
a public grade crossing.24
(b) The notice shall establish a set time period of not less than thirty days for25
the local governing authority, railroad, any and all affected persons owning land26
which is within a two-mile radius of the public grade crossing proposed to be closed,27
or other interested party to respond to the department.28 HLS 12RS-69 REENGROSSED
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(c) The department shall attempt to address concerns of the local governing1
authority, the railroad, any and all affected persons owning land which is within a2
two-mile radius of the public grade crossing proposed to be closed, or other3
interested party timely communicated to the department in writing or received at any4
public hearing held by the local governing authority relative to closure.5
* * *6
D. The department shall, no later than December 31, 2012, promulgate rules7
and regulations pursuant to the Administrative Procedure Act and subject to8
oversight of the House and Senate committees on transportation, highways, and9
public works, to implement the provisions of Subsection A of this Section, including10
but not limited to notice, whom to notify, methods of notice, and posting11
requirements.12
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 any and all affected persons owning land which is
within a two-mile radius of a public grade crossing proposed to be improved,
changed, or closed and post a notice at the grade crossing proposed to be improved,
changed, or closed.
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 persons owning land which is
within a two-mile radius of the public grade crossing proposed to be improved, changed, or
closed and post a notice at the grade crossing proposed to be improved, changed, or closed.
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. HLS 12RS-69 REENGROSSED
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(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 persons owning land which is
within a two-mile radius of the public grade crossing proposed to be closed and post a notice
at the grade crossing proposed to be closed.
Proposed law requires DOTD, no later than Dec. 31, 2012, to promulgate rules and
regulations pursuant to the Administrative Procedure Act and subject to oversight of the
House and Senate committees on transportation, highways, and public works, to implement
the provisions of proposed law.
(Amends R.S. 48:390(B) and 390.1(A)(2); Adds R.S. 48:390(I) and 390.1(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Required DOTD to notify any and all affected persons owning land which is
within a two-mile radius of the public grade crossing proposed to be improved,
changed, or closed and post a notice at the grade crossing proposed to be
improved, changed, or closed rather than notifying any and all affected
landowners.
2. Required DOTD, no later than Dec. 31, 2012, to promulgate rules and
regulations pursuant to the Administrative Procedure Act and subject to oversight
of the House and Senate committees on transportation, highways, and public
works, to implement the provisions of proposed law.