Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 83-S.F.No. 593 
           An act relating to railroads; authorizing 
          reimbursement by landowners for certain costs; 
          requiring access over railroad right-of-way to 
          adjoining properties; amending Minnesota Statutes 
          1990, section 219.35. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 219.35, is 
amended to read: 
    219.35 [CROSSINGS AND DRAINS.] 
    Persons owning lands abutting upon a railroad may 
construct, at their own expense, crossings under, over, or 
across the railroad and drains under and across the railroad at 
places and in ways that do not obstruct or impair the use of the 
railroad.  These crossings and drains must be maintained and 
kept in repair by the railroad company.  Before constructing 
them, the owner of the land shall serve on the nearest station 
agent of the company a notice, stating in detail the work which 
the landowner desires to perform, and the company may construct 
that work; but the crossings and drains may not be opened for 
the use of the landowner until the landowner pays the reasonable 
cost of construction.  These crossings and drains must be 
maintained and kept in repair by the railroad company; however, 
the railroad may require reimbursement from the abutting 
landowners of its reasonable and accountable maintenance and 
repair costs when maintenance and repair are initiated by the 
landowner and agreed to in advance by the railroad company.  The 
railroad company shall ensure, allow, and not prohibit 
reasonable egress and ingress under, over, and across a crossing 
except as may be required for maintenance of the crossing or for 
normal operation of the railroad. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor May 9, 1991 
    Signed by the governor May 13, 1991, 11:57 a.m.