Title 69, Title 69

(1) A person or corporation operating a railroad in this state is liable in damages to any person suffering injury while the person is employed by the person or corporation operating the railroad or, in case of the death of an employee, instantaneously or otherwise, to the employ…

(1) In accordance with the commission's authority pursuant to 69-14-111, this chapter applies to all persons, firms, or companies, incorporated or otherwise, that do business as common carriers on any of the lines of railroad in this state. (2) As used in this chapter, "railroad"…

This chapter shall not have the effect of releasing or waiving any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this part are cumulative to each other, and a suit for or …

(1) If a railroad violates this chapter, fails or refuses to perform duties in accordance with this chapter, or fails, neglects, or refuses to act in accordance with commission requirements or orders, the railroad, upon conviction in a court of competent jurisdiction, shall be fi…

The commission shall require and receive a fee from the affected railroad to pay the cost of publishing notice as required by this chapter.

As used in this part, the following definitions apply: (1) "Buyer" means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, o…

Thirty days prior to filing with the federal surface transportation board of an application to purchase, sell, or transfer any section of a line of railroad, the seller and buyer shall: (1) file a notice of intent and other information, as described in 69-14-1103, with the attorn…

(1) The notice of intent filed in accordance with 69-14-1102 must contain: (a) a complete and accurate description of the identities of the buyer and seller; and (b) a thorough description of the railroad line to be transferred. (2) A general description of the terms of the propo…

(1) The commission shall supervise railroads subject to the provisions of this chapter. (2) The commission may: (a) adopt or enforce regulations and orders related to railroad safety or security in accordance with 49 U.S.C. 20106; (b) bring civil action in a district court for vi…

This part may be cited as the "Railroad Vandalism Prevention Act".

The purpose of this part is to: (1) better inform the public of current widespread vandalism that takes place on railroad property and the cost of that vandalism that must ultimately be borne by shippers; (2) prevent accidents and injuries to persons who enter railroad property; …

As used in this part, the following definitions apply: (1) "Bodily injury" means: (a) a cut, abrasion, bruise, burn, or disfigurement; (b) physical pain; (c) illness; (d) impairment of the function of or loss of a bodily member, organ, or mental faculty; or (e) any other injury t…

(1) A person commits the offense of stowing away on railroad property if the person knowingly and without lawful authority or consent is on, occupies, or rides on the outside of a train or on the inside of a passenger car, locomotive, or freight car, including a boxcar, flatbed, …

(1) A person commits the offense of intentional vandalism to railroad property if the person knowingly or purposely vandalizes railroad property. (2) A person convicted of intentional vandalism to railroad property must be ordered to make restitution to the railroad carrier in th…

(1) A person commits the offense of theft of railroad freight if the person takes railroad freight by theft, as established in 45-6-301(1). (2) A person commits the offense of receiving stolen railroad freight if the person obtains stolen railroad freight by theft, as established…

(1) Except as provided in subsection (2), no railway company operating trains within this state shall permit any locomotives or cars to cross the tracks of any other railroad, at grade, without coming to a full stop immediately before crossing. (2) (a) If any railway company or c…

(1) It shall be the duty of every corporation, company, or person owning or operating any railroad or branch thereof in this state and of any corporation, company, or person constructing any railroad in this state, within 3 months after the completion of the same through any coun…

(1) The commission shall require verified annual reports from each and every railroad owning, operating, or having any line of railroad in this state and shall prescribe the manner in which such reports shall be made and may require specific answers to all questions upon which th…

(1) A railroad company operating any line of railroad within this state shall promptly on the occurrence of an accident report the accident to the commission. The report must include the time and place of the accident, the names of any persons killed or injured, and the value of …

The words "railroad company", as used in 69-14-601 through 69-14-611, shall be taken and construed to mean any corporation, person, or association of persons owning or operating a railroad.

At all places in the state, outside of incorporated cities and towns where a lawfully established public highway crosses any railroad, it shall be the duty of the railroad company owning or operating such railroad to construct and thereafter maintain in proper condition a good an…

In any unincorporated community ordinarily known as a village or town where the public necessity and convenience require a railroad crossing at the intersection of the railroad with any street or highway, whether lawfully established or otherwise, which is commonly used by the pu…

If a board of county commissioners orders the construction of a railroad crossing, the board shall enter an order upon its minutes, specifying the place of the crossing. A copy of the order must be served upon the railroad company, and a copy must be immediately mailed to the pub…

It shall be the duty of a railroad company to construct a crossing ordered by the board of county commissioners of any county within 60 days after service of such order; provided, however, that in case any crossing shall be ordered requiring any extended period of construction, s…

(1) The commission may enforce the orders of any board of county commissioners for the construction of railroad crossings and may pass upon the reasonableness of any such order and modify, change, or annul the same. (2) Whenever any railroad crossing has been ordered by the count…

(1) No railroad crossing, other than a grade crossing, shall be ordered by any board of county commissioners. (2) (a) The public service commission may, however, upon petition or request in writing of any board of county commissioners, order an overhead or underground crossing at…

The board of county commissioners or the railroad company affected by an order or decision of the commission made pursuant to the provisions of 69-14-601 through 69-14-611 may commence an action in any court having jurisdiction to determine the justness and reasonableness of such…

In the event of an application to the commission to review any order made by the board of county commissioners and in the event of any action to review any order or decision of the commission, as herein provided, the time within which to comply with said order shall be extended a…

(1) Nothing contained in 69-14-601 through 69-14-611 affects the liability of a railroad company for damage to persons or property injured at a railroad crossing. (2) A railroad company or an employee of a railroad company may not be held liable for damages to persons or property…

Any railroad company failing to construct any crossing after the order or decision requiring the construction of same has become final, within the time herein provided or within any extension of time granted by the commission, shall for each day's failure pay to the state a fine …

Within 2 years after April 9, 1987, a railroad company shall install and maintain reflectorized material on the front and back sides of crossbuck blades on all public crossing signs the railroad company is required to construct and maintain under 69-14-602 and 69-14-603.

(1) For the purposes of this section, "quiet zone" means a segment of a railroad within which is situated one or a number of consecutive railroad crossings at which locomotive horns and bells are not routinely sounded. (2) A governing body of a municipality or a board of county c…

(1) It shall be unlawful for any corporation, association, or company to willfully obstruct, blockade, interfere with, or prevent the free use of any public highway within the state where such highway crosses any railroad track outside of incorporated cities and towns by stopping…

(1) Railroad corporations shall build and maintain a legal fence on both sides of their track and property and maintain cattle guards at all crossings over which cattle or other domestic animals cannot pass, except that a fence is not required in places where water ditches, emban…

(1) Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state which may fence its right-of-way shall make crossings through its fence and over its roadbed along its right-of-way every 4 miles thereof or as near thereat as may be prac…

The railroad company or lessee, person, company, or corporation operating any railroad shall place cattle guards on either side of the openings required by 69-14-702, sufficient to prevent any cattle from entering upon the right-of-way enclosed.

The railroad company, lessee, person, or company operating any railroad, in addition to the openings required by 69-14-702, shall leave unfenced any places where the railroad runs over trestles that are sufficiently high for cattle to go underneath the same.

The provisions of 69-14-702 through 69-14-706 shall only apply to grazing country.

Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state violating the provisions of 69-14-702 through 69-14-705 shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fin…

Every railroad corporation or company operating any railroad or branch thereof within the limits of this state which shall negligently injure or kill any horse, mare, gelding, filly, jack, jenny, mule, cow, heifer, bull, ox, steer, calf, or other domestic animal by running any en…

(1) A railroad company must report to the department of livestock any livestock killed or injured by a train or railroad equipment on the railroad right-of-way within 30 days after the killing or injuring of any livestock. (2) A railroad company failing to provide the notice prov…

(1) Except as provided in subsection (2), whenever any of the livestock referred to in this part are injured or killed and the owner brings an action for the recovery of the loss or damage sustained, the court in which the action is brought shall impose, as a part of the costs, a…

If a corporation, association, company, or person owning, controlling, or operating a railroad or branch of a railroad kills or injures an animal as described in 69-14-707 and tenders to the owner or to the owner's agent the amount that the corporation, association, company, or p…

(1) If livestock are killed by railroad corporations in violation of 69-14-701 and if the owner of the livestock does not claim or assert a claim against the railroad or railroad corporation for the value of the livestock killed within 6 months from the date the animal is killed,…

(1) Except as otherwise provided in this chapter, a person who violates any of the provisions of 69-14-701 through 69-14-711 relating to livestock killed or injured by railroads is guilty of a misdemeanor. (2) A person violating any of the provisions of 69-14-711 shall upon convi…

Upon determining liability for the amount of the value of an animal killed or maimed under the circumstances described in 69-14-701, the railroad corporation shall pay the plaintiff within 30 days. Upon failure to pay the plaintiff within 30 days, interest at a rate of 10% a year…