Sec. 325.
(1) The department, after notice and hearing, may order a railroad to erect and maintain such fencing along railroad right-of-way in agricultural areas as shall be necessary to prevent livestock from entry upon that right-of-way. Such fencing shall not be required unless the other boundaries of the property are fenced.
(2) In agricultural areas, the cost and expense of installation, maintenance, and repair of fencing shall be borne by the railroad. However, if gates or cattle guards are necessitated by the existence of a farm crossing, the cost and expense of installation, maintenance, and repair of such gates or cattle guards shall be considered a cost of the crossing to be borne by the party requesting the gates or cattle guards.
(3) The owner or proprietors of the adjacent farm lands, upon 30 days' written notice to the railroad, may erect or repair the fence and then may recover from the railroad in any court of competent jurisdiction the cost of the fence, together with reasonable compensation for labor in the construction of the fence. The railroad shall also be liable for damages caused by its agents, engines, or cars to livestock by reason of the livestock escaping due to failure to construct or maintain a fence.
(4) The responsibility for and cost of installation, maintenance, and repair of fences in all other areas shall be borne by the property owner adjacent to the railroad unless the fencing is necessitated by the construction of new or the expansion of existing rail facilities, in which case the costs shall be borne by the railroad. The installation of fencing shall be consistent with the clearance requirement of this act. Conflicts between the parties shall be submitted to and decided by the department by order.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Structure Michigan Compiled Laws
Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451)
Section 462.101 - Short Title.
Section 462.103 - Meanings of Words and Phrases.
Section 462.105 - Definitions; a to G.
Section 462.107 - Definitions; H to P.
Section 462.109 - Definitions; R to W.
Section 462.131 - Regulatory and Police Power of Department; Rules.
Section 462.133 - Records to Be Kept by Department.
Section 462.137 - Reports to Be Furnished to Department.
Section 462.155 - Rescission, Alteration, or Amendment of Order.
Section 462.157 - Orders, Regulations, Practices, and Services; Effect.
Section 462.161 - Review of Order; Time for Bringing Action.
Section 462.175 - Authority of Department to Obtain Information.
Section 462.203 - Stock Certificate; Signature; Seal.
Section 462.205 - Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.
Section 462.217 - Annual Meeting; Statement of Affairs.
Section 462.221 - Stock as Personal Estate; Transfer.
Section 462.223 - Railroad Company; Liabilities and Restrictions.
Section 462.225 - Ownership and Operation of Steamboats, Barges, or Vessels; Conditions.
Section 462.227 - Ownership and Operation of Steamboats, Barges, or Vessels; Number; Restrictions.
Section 462.233 - Cutting Dangerous Trees.
Section 462.235 - Land Held by Foreign Company; Transfer of Title.
Section 462.241 - Acquisition of Property in Manner Prescribed by MCL 213.51 to 213.77; Exception.
Section 462.243 - Purchase of Land Belonging to State, City, Village, County, or Township.
Section 462.247 - Negotiation by Railroad Bridge or Tunnel Company With Railroad Company; Purpose.
Section 462.251 - Removal of Person From Train by Conductor or Employee.
Section 462.257 - Conduct as Felony or Misdemeanor; Penalties.
Section 462.259 - Liability of Railroad Company for Loss or Damage by Fire.
Section 462.261 - Liability of Railroad Company for Death or Injury to Passenger.
Section 462.263 - Transportation of Railroad Employees; Vehicles.
Section 462.303 - Traffic Control Devices; Determination and Order by Department.
Section 462.305 - Order of Department.
Section 462.311 - Passive Traffic Control Devices; Street Lighting.
Section 462.313 - National Inventory Signs.
Section 462.315 - Active Traffic Control Devices; Maintenance Payments.
Section 462.317 - Clear Vision Areas; Expenditure of Funds Relating to High Speed Rail Corridor.
Section 462.321 - Acquisition of Property Rights by Condemnation.
Section 462.323 - Farm Crossings; Other Private Crossings.
Section 462.325 - Fencing in Agricultural Areas; Other Areas.
Section 462.333 - Unsafe Bridge; Prohibited Conduct.
Section 462.335 - Unsafe Bridge; Penalties for Certain Conduct.
Section 462.337 - Applicability of Act.
Section 462.351 - “Operator” and “Operate” Defined.
Section 462.355 - Repealed. 2002, Act 658, Eff. Apr. 1, 2003.
Section 462.359 - Chemical Test and Analysis of Operator's Blood, Urine, or Breath.
Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.
Section 462.363 - Refusal to Submit to Chemical Test; Report.
Section 462.365 - Report of Certain Convictions; Form.
Section 462.369 - Railroad Police Officer Applicant; Cost of Training.
Section 462.371 - Railroad Police Officer; Application Fee; Identification.
Section 462.373 - Railroad Police Officer; Notice of Appointment.
Section 462.375 - Railroad Police Officer; Oath.
Section 462.377 - Railroad Police Officer; Duties and Powers.
Section 462.379 - Keepers of Jails, Lockups, and Station Houses.
Section 462.381 - Railroad Police Officer; Wearing and Receiving Badge.
Section 462.383 - Railroad Police Officer; Surety Bond.
Section 462.385 - Railroad Police Officer; Delivery of Commission; Identification Card; Roster.
Section 462.387 - Railroad Police Officer; Compensation.
Section 462.389 - Railroad Police Officer; Termination.
Section 462.400 - Employee Sanitation and Shelter Facilities; Rules; Compliance With Section.
Section 462.431 - Liens; Effect.
Section 462.450 - Applicability of Act to Street Railway Organized Under MCL 472.1 to 472.31.