Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:323 Streets; pavement and repair of
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§323. Streets; pavement and repair of A. All railroads, except those owned and operated by a political corporation, railways and street railway companies in any subdivision of the state, whose tracks are laid on or across the public street of any municipality, shall keep in good …
La. Rev. Stat. § 45:324 Railroads, tramroads, dirt or plank roads not to obstruct highways or impede drainage or navigation
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§324. Railroads, tramroads, dirt or plank roads not to obstruct highways or impede drainage or navigation Where railroads, tramroads, dirt or plank roads cross any highway, the corporation shall so construct the works as not to hinder, impede or obstruct its safe and convenient u…
La. Rev. Stat. § 45:351 Right of way over state land
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§351. Right of way over state land Any person, desiring to build or extend a railroad in Louisiana, shall have the right of way, not exceeding two hundred feet in width, over any land belonging to the state, through which such road, or any branch, tap or extension thereof may pas…
La. Rev. Stat. § 45:352 Foreign corporations' power to operate in state
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§352. Foreign corporations' power to operate in state Any foreign railway corporation may extend, construct, and operate their lines of railroad into and through Louisiana.
La. Rev. Stat. § 45:353 Foreign corporations; expropriation
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§353. Foreign corporations; expropriation Foreign railway companies extending, constructing and operating their lines of railroad into and through Louisiana may expropriate land and other property for their railroad, right of way, switches, sidings, branches, spurs, depots, and d…
La. Rev. Stat. § 45:354 Foreign corporations operating in state to be subject to its jurisdiction
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§354. Foreign corporations operating in state to be subject to its jurisdiction Railroad companies or corporations availing themselves of the provisions of R.S. 45:352 and 45:353 shall maintain a domicile, and main and general offices in Louisiana, and are subject to the control …
La. Rev. Stat. § 45:355 Repair of cars in state; penalty
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§355. Repair of cars in state; penalty All railway or railroad corporations operating in Louisiana, and having their repair shops within the state, as a condition precedent to exercising the right of expropriation, shall repair, renovate or rebuild in Louisiana any and all defect…
La. Rev. Stat. § 45:356 Crossing other railroads with industrial switch or spur track; expropriation
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§356. Crossing other railroads with industrial switch or spur track; expropriation Whenever any person owning or operating a railroad in Louisiana, desires to extend, construct, maintain and operate an industrial switch track or spur track across the side tracks, switch tracks, s…
La. Rev. Stat. § 45:357 Public service commission's power to order construction of industrial switch or spur tracks
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§357. Public service commission's power to order construction of industrial switch or spur tracks Whenever the owner of any manufacturing establishment, industrial plant, warehouse, or when the governing authority of any municipality desires to have constructed an industrial swit…
La. Rev. Stat. § 45:358 Cities of over 100,000 population not affected
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§358. Cities of over 100,000 population not affected The provisions of R.S. 45:356 and 45:357 do not apply to cities of more than one hundred thousand population.
La. Rev. Stat. § 45:381 Mortgages; power of company generally; property covered
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§381. Mortgages; power of company generally; property covered Any railroad company established under the laws of Louisiana in order to secure the payment of any obligation contracted by it for the construction of the road, may mortgage their road, in whole or in part; and this mo…
La. Rev. Stat. § 45:382 Mortgages to secure own bonds
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§382. Mortgages to secure own bonds Any railroad corporation doing business, or owning property in Louisiana, may mortgage its property and franchises, whether then owned or to be acquired, in whole or in part, to secure bonds issued by it, to refund or pay its indebtedness, or t…
La. Rev. Stat. § 45:383 Mortgages to secure another railroad's bonds
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§383. Mortgages to secure another railroad's bonds Any railroad company doing business or owning property in Louisiana, may mortgage its property and franchises, whether then owned or to be acquired, in whole or in part, to secure bonds issued by any other railroad corporation of…
La. Rev. Stat. § 45:384 Record of mortgages generally
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§384. Record of mortgages generally A mortgage made by any of the companies shall bind the road, its warehouses, depots, water stations, locomotives, and other appurtenances in the several parishes by the recordation of an abstract of the mortgage showing the book number, volume …
La. Rev. Stat. § 45:385 Conversion of principal due on bonds into stock
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§385. Conversion of principal due on bonds into stock The president and directors of any company may confer on the holder of any bonds issued for money for the use of the company the right to convert the principal due into the stock of the company at any time, not exceeding ten y…
La. Rev. Stat. § 45:386 Foreclosure of mortgages; powers and rights of purchasers
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§386. Foreclosure of mortgages; powers and rights of purchasers Whenever any railroad company, incorporated under the laws of this state or any other state, mortgages its franchise, roadbed, superstructure, and other property, and the mortgage is foreclosed in a court of this sta…
La. Rev. Stat. § 45:387 Foreclosure of mortgages; new corporation, power to organize
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§387. Foreclosure of mortgages; new corporation, power to organize The purchasers of the railroad, its property, or franchises, as set forth in R.S. 45:386, may fix the amount of capital stock representing the property bought, and divide the same into shares of one hundred dollar…
La. Rev. Stat. § 45:388 Foreclosure of mortgages; certificate of organization of new corporation; powers of new corporation
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§388. Foreclosure of mortgages; certificate of organization of new corporation; powers of new corporation Upon compliance with R.S. 45:386 and 45:387, and upon the board of directors filing with the Secretary of State a statement, signed by those directors, showing the name of th…
La. Rev. Stat. § 45:389 Foreclosure of mortgages; principal office of new corporation
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§389. Foreclosure of mortgages; principal office of new corporation The principal office of the company, formed under R.S. 45:387 and 45:388, and branch offices, may be established at a place in or out of Louisiana as the board of directors may determine, for the convenient trans…
La. Rev. Stat. § 45:390 Foreclosure of mortgages; prior liens; restrictions on purchasers
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§390. Foreclosure of mortgages; prior liens; restrictions on purchasers Nothing contained in R.S. 45:386 through 45:389 shall be construed so as to interfere in any manner with valid prior mortgages, if any, upon the property, rights, franchises, or privileges of the road sold. I…
La. Rev. Stat. § 45:4 Principal and surety bound in solido
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§4. Principal and surety bound in solido The bond required by R.S. 45:2 shall provide that the principal and the surety are bound in solido for the amount thereof.
La. Rev. Stat. § 45:451 Duty to relieve obstruction to natural drainage
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§451. Duty to relieve obstruction to natural drainage All railway companies operating a line or system of railroads in Louisiana shall drain all railroad roadbeds which obstruct or in any manner retard or interfere with the natural drainage of any land, farm or plantation travers…
La. Rev. Stat. § 45:452 Failure to relieve obstruction; landowner's right to do necessary work; committee to determine what work necessary
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§452. Failure to relieve obstruction; landowner's right to do necessary work; committee to determine what work necessary If any railway company operating a line or system of railroads in this state shall fail to act promptly to construct, open or maintain ditches, drains, or culv…
La. Rev. Stat. § 45:453 Account of work done; payment
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§453. Account of work done; payment Where it is necessary for the owner of the land, farm or plantation to do the work necessary to relieve obstructed natural drainage and maintain proper natural drainage in accordance with the formalities set forth in R.S. 45:452, such owner or …
La. Rev. Stat. § 45:454 Action for cost of work; attorney's fee; damages
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§454. Action for cost of work; attorney's fee; damages If the railway company or its receiver fails to pay the account within thirty days after presentation, as provided in R.S. 45:453, the owner of the land, farm, or plantation at whose expense the work has been done, has a righ…
La. Rev. Stat. § 45:455 Railroad company's failure to furnish representative as member of committee
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§455. Railroad company's failure to furnish representative as member of committee If the railway company refuses to furnish a representative within ten days after written notice to meet with the representative of the owner of the land, farm, or plantation and select the third dis…
La. Rev. Stat. § 45:456 Violation of law; exceptions
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§456. Violation of law; exceptions Any railway company violating R.S. 45:455 shall be fined not less than fifty dollars, nor more than five hundred dollars. This Section shall not be effective in case of strikes, governmental regulation or causes beyond the reasonable control of …
La. Rev. Stat. § 45:457 Railroad company required to provide drainage in municipalities and parishes
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§457. Railroad company required to provide drainage in municipalities and parishes Whenever any parish or municipal body or department having jurisdiction or control over drainage in any parish or municipality determines that any roadbed of any railway company, operating a line o…
La. Rev. Stat. § 45:458 Additional remedies
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§458. Additional remedies In addition to the rights and remedies granted by this Part, the owner of the land, farm or plantation, or the parish or municipal body or department, who may be injured by the failure or refusal of a railroad company to comply with the terms and provisi…
La. Rev. Stat. § 45:481 Animals, water for in stock yards or pens; application of Section
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§481. Animals, water for in stock yards or pens; application of Section The carriers of cattle, horses, mules, sheep, swine and goats brought or transported between points within the state, and intended for breeding purposes or domestic or agricultural use in Louisiana, shall pro…
La. Rev. Stat. § 45:482 Cleanliness of stock yards, pens, etc
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§482. Cleanliness of stock yards, pens, etc. The owners or lessees of all stock yards, loading and unloading pens and places referred to in R.S. 45:481, shall maintain these places in a clean and sanitary condition.
La. Rev. Stat. § 45:483 Violations; penalty
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§483. Violations; penalty Whoever violates this Sub-part shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not less than thirty days nor more than one year, or both.
La. Rev. Stat. § 45:5 Amount of bond
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§5. Amount of bond If the person engaged in the business of carrying persons for hire by airplane uses in the business only one airplane which is used or intended to be used for the purpose of carrying passengers for hire, then the amount of the bond shall be fifteen thousand dol…
La. Rev. Stat. § 45:501 Livestock, killing or injuring
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§501. Livestock, killing or injuring All railroad companies operating lines through this state, shall comply with the regulations provided in this Sub-part relative to the killing or injuring of livestock by their trains.
La. Rev. Stat. § 45:502 Notice of killing or injury of livestock; arbitration
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§502. Notice of killing or injury of livestock; arbitration When an animal has been killed or injured by the locomotive or cars of the railway company, the owner, his agent, or representative, shall notify in writing, within a reasonable time, the nearest station agent of the rai…
La. Rev. Stat. § 45:503 Payment of arbitration award; failure of arbitration; remedy cumulative; proper fencing a defense
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§503. Payment of arbitration award; failure of arbitration; remedy cumulative; proper fencing a defense Within thirty days after the date of any award by the arbitrators, the railway company shall pay to the owner or his legal representative, the amount agreed upon by the arbitra…
La. Rev. Stat. § 45:504 Burden of disproving negligence in killing or injuring livestock
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§504. Burden of disproving negligence in killing or injuring livestock In suits against railroad companies for the loss of stock killed or injured by them, it is sufficient, in order for the plaintiff and owner to recover, to prove the killing or injury, unless it is shown by the…
La. Rev. Stat. § 45:521 §§521 TO 534 Repealed by Acts 1972, No
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§521. §§521 TO 534 Repealed by Acts 1972, No. 262, §1
La. Rev. Stat. § 45:561 Implementation of Federal Railroad Safety Act of 1970
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§561. Implementation of Federal Railroad Safety Act of 1970 The Public Service Commission is hereby authorized to perform any act and issue any rules or orders as permitted by the Federal Railroad State Safety Participation regulations (49 CFR Part 212). Acts 2008, No. 753, §1.
La. Rev. Stat. § 45:562 Authority to inspect railroad facility
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§562. Authority to inspect railroad facility A. In performing an inspection in accordance with this Section, the commission shall not require a railroad facility owner or operator to alter or cease rail operations. B. Any inspection, investigation, or surveillance performed on th…
La. Rev. Stat. § 45:563 §§563 to 565
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§563. §§563 to 565. Repealed by Acts 1982, No. 669, §3.
La. Rev. Stat. § 45:566 Bridges, ropes to warn employees of approach to
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§566. Bridges, ropes to warn employees of approach to All railroads operating in this state shall erect stands at a point not less than one hundred and fifty feet from either approach of their bridges. From these stands light ropes shall be hung across the entire width of their t…
La. Rev. Stat. § 45:567 Time for compliance with law
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§567. Time for compliance with law Railroads shall comply with the provisions of R.S. 45:566 before they commence operation.
La. Rev. Stat. § 45:568 Violation of law; discontinuance of business
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§568. Violation of law; discontinuance of business If any railroad company fails or refuses to comply with the provisions of R.S. 45:566 through 45:567, the governor, through the Attorney General, shall enjoin that company from operating or running any trains in this state until …
La. Rev. Stat. § 45:569 Angles in frogs and crossings to be adjusted, filled or blocked; penalty
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§569. Angles in frogs and crossings to be adjusted, filled or blocked; penalty Every person operating a railroad or part of railroad, other than a logging or plantation road, within this state, shall adjust, fill or block all angles in frogs and crossings on its roads and in its …
La. Rev. Stat. § 45:6 Recordation
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§6. Recordation It is the duty of every person engaged in the business of carrying persons for hire by airplane to cause the bond to be recorded in the office of the recorder of mortgages of the parish in which the person is domiciled, if domiciled in this state, or in the office…
La. Rev. Stat. § 45:61 Acquisition of land for gravity irrigation; expropriation
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§61. Acquisition of land for gravity irrigation; expropriation Corporations formed under the laws of this state for the purpose of constructing and operating canals for irrigation by gravity have power to acquire all land needed by them for rights of way over the routes selected …
La. Rev. Stat. § 45:611 Conditional sales of tank cars lawful
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§611. Conditional sales of tank cars lawful In any contract for the sale of a tank car the parties may agree that the title to the property sold or contracted to be sold, shall not vest in the purchaser until the purchase price is paid and until the terms of the contract have bee…
La. Rev. Stat. § 45:612 Retaking of conditionally sold tank cars
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§612. Retaking of conditionally sold tank cars If the vendee, lessee or bailee fails to make the payment or to perform the covenants in any contract authorized by R.S. 45:611, the vendor, lessor, or bailor, or any assignee may retake the property in accordance with the terms of t…
La. Rev. Stat. § 45:613 Sale or lease of railroad to connecting railroad, power to make
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§613. Sale or lease of railroad to connecting railroad, power to make Any railroad company in Louisiana may sell or lease its railroad, property and franchises, to any other railroad company, whether the lines of the contracting companies form in their operation connecting or con…