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.