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)]
HB 436 Original 2019 Regular Session Jay Morris
Abstract: Provides for the crossing of telecommunication lines near, under, and above railroad
tracks and rights-of-way.
Present law (R.S. 45:781) establishes that corporations formed for transmitting intelligence by
telegraph, telephone, or other system have the right of use along all public roads or public works,
along and parallel to railroads, and along and over the waters of the state if the ordinary use of the
roads, works, railroads, and waters are not obstructed, and along city streets with the consent of the
city governing authority.
Proposed law retains present law, and also provides that additionally, a telecommunication company
may construct lines that cross under or over the tracks of railroads in a manner that does not obstruct
use of the railroad.
Proposed law provides that if a telecommunication crossing is to be placed within the right-of-way
of a highway or road that crosses the railroad tracks, that the telecommunication company doesn't
owe any payment except for their own expenses.
Proposed law provides that if the telecommunications company wishes to construct lines outside of
a right-of-way, that they owe the railroad company a one-time crossing fee of up to $500.
Proposed law requires a telecommunications company to notify a railroad by certified mail at least
thirty days before beginning a crossing:
(1)Notification of the crossing.
(2)A statement indicating that each party shall maintain and repair its own property and bear
responsibility for its own actions or misgivings. The telecommunication company, however,
will maintain responsibility for any bodily injury or property damage that would typically be
covered under a railroad liability insurance policy.
(3)Proof of at least two million dollars of insurance.
(4)An engineering design for the placement of the crossing in conformation with recent
accepted guidelines.
Proposed law does not allow a railroad to adopt any additional processes or regulations regarding
the telecommunication company's crossing activity. Proposed law provides that the railroad company has 30 days to review the notice and that they shall
allow the construction of the crossing unless they know of a serious threat to safety. Proposed
law provides that if a threat exists, the railroad company shall notify the telecommunications
company of the threat by certified mail.
Proposed law provides that if the two parties do not agree upon a time of construction within 60
days, that the telecommunication company has a right to commence with the crossing as stated in
the notice.
Proposed law provides that complaints can be addressed in district court and that a railroad shall
prove that any denial of a proposed crossing fails to comply with proposed law by clear and
convincing evidence.
(Adds R.S. 45:781.2)