Mississippi Senate Bill SB2040

Mississippi 2022 Regular Session

• Introduced: 1/6/22
• Refer: 1/6/22
• Failed: 2/1/22

Caption

Railroad right-of-way; unlawful to enter and remain upon without the permission of the owner or operator.

Impact

The enactment of SB2040 is expected to impact state laws by explicitly prohibiting unauthorized entry onto railroad properties. This regulation will serve to protect property rights of railroad companies, reduce the potential for accidents, and minimize liability issues arising from trespassers on railroad grounds. The bill delineates exceptions for certain situations, such as crossings and legally abandoned right-of-ways, which may help in mitigating concerns regarding access for lawful purposes while still enforcing a prohibition on unauthorized entries.

Summary

Senate Bill 2040 establishes that it is unlawful for any individual to enter and remain upon the right-of-way of a railroad without explicit permission from the railroad's owner or operator, or without legal authority. The bill aims to clarify the responsibility of individuals regarding railroad property and enhance safety around these vital transportation corridors. This legislation reflects an intention to manage access to railroad rights-of-way in a way that recognizes the operational needs of railroads while also addressing public safety concerns.

Contention

Notable points of contention surrounding SB2040 could revolve around the balance between private property rights and public access. Critics may express concern that the strict limitations imposed by the bill on entering railroad properties could impede legitimate activities, such as maintenance operations by utility companies or public access at crossings. There may also be discussions about the implications of such legislation on local communities, particularly those where railroad tracks are present and where crossings are necessary for connectivity.