HB0202 • 2011

Railroads-fence repairs.

AN ACT relating to railroads; providing for fence repairs by landowners; limiting duties and liability as specified; and providing for an effective date.

Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Brown
Last action: 2011-03-03
Official status: enrolled
Effective date: 7/1/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2011-03-03 LSO
Assigned Chapter Number
2011-03-03 Governor
Governor Signed HEA0072
2011-02-28 Senate
S President Signed HEA No. 0072
2011-02-28 House
H Speaker Signed HEA No. 0072
2011-02-28 Senate
S Passed 3rd Reading
2011-02-28 LSO
Assigned Number HEA0072
2011-02-25 Senate
S Passed 2nd Reading
2011-02-24 Senate
S Passed CoW
2011-02-11 Senate
S Placed on General File
2011-02-11 Senate
S05 Recommended Do Pass
2011-02-07 Senate
S Introduced and Referred to S05
2011-02-07 Senate
S Received for Introduction
2011-02-07 House
H Passed 3rd Reading
2011-02-04 House
H Passed 2nd Reading
2011-02-03 House
H Passed CoW
2011-02-01 House
H Placed on General File
2011-02-01 House
H05 Recommended Do Pass
2011-01-25 House
H Introduced and Referred to H05
2011-01-21 House
H Received for Introduction
2011-01-20 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0202
Drafter:

LGC

LSO No.:
11LSO-0543
Effective Date:

7/1/2011

Enrolled Act No.:
HEA0072

Chapter No.:
159

Prime Sponsor:
Representative
Brown

Catch Title:
Railroads-fence
repairs.

Subject:
Repair
of fences on railroad rights of way.

Summary/Major Elements:

●

Under current law the owner
of land wherein a railroad traverses the property may notify the railroad and
department of transportation if a fence is damaged or in disrepair. If the
railroad fails to commit that it will make the repairs within three business
days or fails to complete the repairs within five days the landowner has the
right to make the repairs himself and be reimbursed by the railroad for those
repairs.

●

This act modifies the time
for making the repairs beyond the five day limit if mutually agreed by the
parties.

●

This act specifies that
repairs made by a landowner pursuant to this law shall not be deemed to create
any continuing duty or any landowner liability.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0202

ENROLLED ACT NO. 72, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
railroads; providing for fence repairs by landowners; limiting duties and liability as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 37
‑
9
‑
312(a)(ii) and by creating a new subsection (c) is amended to read:

37
‑
9
‑
312.

Immediate or urgent fence repairs.

(a)

After notification to the railroad and the department of transportation by the landowner concerning any damaged fence or a fence in disrepair, the landowner shall have the right to be reimbursed by the railroad for the reasonable and customary costs for such repairs, provided:

(ii)

Following the notice by the landowner, the railroad fails to commit that it will make the repairs within three (3) business days of the initial notice by the landowner or fails to complete the repairs within five (5) business days

or within a mutually agreed upon time from the date
of the initial notice by the landowner; and

(c)

Repairs made by a landowner pursuant to this section shall not be deemed to create any continuing duty or any landowner liability.

Section 2.
This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk