H. B. 2221
(By Delegates Boggs, Coleman and Butcher)
[Introduced
February 15, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article two-a, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing
responsibility of railroad company to maintain grade crossing;
and providing a cause of action for damages for municipalities
or counties in which the railroad company fails to comply with
its responsibility to maintain grade crossings.
Be it enacted by the Legislature of West Virginia:
That section three, article two-a, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. RAILROAD CROSSING.
§31-2A-3. Responsibility of railroad company.
(a) The railroad company shall be solely responsible for the
acts of its agents and employees in violating any provision of this
article or any provision of any ordinance of any municipality or
any provision of any order of a county or other public authority
regulating the period of time any such street, road or highway may
be so blocked by a train.
(b) Any railroad whose track or tracks cross a public road at
grade has the duty to maintain the grade crossing in such condition
as to permit the safe and convenient passage of public traffic.
The duty of maintenance includes that portion of the public road
lying between the track or tracks and for two feet beyond the ends
of the crossties on each side of the crossing.
(c) A municipality or, if not located in a municipality, a
county in which is located a grade crossing subject to subsection
(b) of this section, has a cause of action for damages for the
railroad's failure to comply with subsection (b) of this section,
including reasonable attorney's fees, and may also seek an
injunction to prohibit the railroad's continuing failure or refusal
to comply with subsection (b) of this section.
NOTE: The purpose of this bill is to provide responsibility of
railroad companies to maintain grade crossings; and, to provide a cause of action for damages for municipalities or counties in which
the railroad company fails to comply with its responsibility to
maintain grade crossings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
