Railroad right-of-way; unlawful to enter and remain upon without the permission of the owner or operator.
Impact
The impact of SB2528 will be felt primarily in the areas of property rights and public safety. By establishing a clear legal framework for who can access railroad properties, the bill could potentially reduce trespassing incidents that lead to safety hazards for both the trespassers and railroad operations. Furthermore, it positions railroad operators with increased legal authority to protect their property from unauthorized access, which could have implications for local governance and enforcement practices.
Summary
Senate Bill 2528 aims to make it unlawful for individuals to enter and remain on the right-of-way of a railroad without the permission of the railroad's owner or operator or any authority granted by law. The bill clearly defines the 'right-of-way' as the track, roadbed, and adjacent property that is recognizable as railroad property. This legislation seeks to enforce the protection of railroad properties and possibly enhance public safety in relation to railroad operations.
Contention
While the bill establishes certain protections, there may be points of contention regarding its enforcement and implications for community members who inadvertently cross the railroad right-of-way. Concerns could arise over the balance between enforcing property rights and ensuring that local residents can traverse their community without undue hindrance. The exceptions listed in the bill, such as crossing at designated crossings and the activities of utility representatives, reflect an attempt to accommodate essential functions while safeguarding railroad property.
Additional_notes
As SB2528 is enacted, it will take effect from July 1, 2023. Stakeholders, including local communities and railroad companies, will need to engage in dialogue to ensure that the implementation of this law serves both property rights and community access needs effectively.
A bill for an act relating to the payment of costs by railroad track owners and railroad corporations for certain railroad construction, maintenance, and other related projects.(See SF 500, SF 2114.)