Effective - 28 Aug 1988
389.665. Right-of-way to be cleared of weeds and brush to prevent fires, violation, damages and costs — public grade crossings to be clear of vegetation and undergrowth. — 1. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this state to keep the right-of-way reasonably clear of brush and high weeds, by cutting, burning, chemical spraying, plowing under, or other appropriate means for the purpose of preventing the spread of fire, and in case such corporation or person shall fail or neglect to do so, any person owning land adjoining such railroad is hereby authorized, after giving three days' notice, in writing, to such owner or operator of the railroad, by service upon any person authorized to receive service of legal process on behalf of the corporation within this state to cause such brush and high weeds upon the right-of-way occupied by the railroad company to be cut and removed, burned, plowed, or sprayed with chemical material for killing such brush and high weeds in front of and adjoining his land, and such landowner may maintain an action against the corporation or person so failing to perform this duty, in any court of competent jurisdiction, and shall be entitled to recover double the amount of all expenses and damages incurred and accruing thereby, together with costs.
2. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this state to maintain the right-of-way at public grade crossings so that it will be reasonably clear of vegetation, undergrowth or other debris for a distance of two hundred fifty feet each way from the near edge of such crossings where such things would materially obscure approaching trains from the view of travelers on the highway.
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(L. 1988 S.B. 676)
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 389 - Regulation of Railroad Corporations
Section 389.005 - Division, transferred to department of transportation.
Section 389.007 - Official Missouri railroad, when designated.
Section 389.060 - Ejection of passengers, when lawful.
Section 389.320 - Pooling prohibited.
Section 389.540 - Shipments of grain in bulk.
Section 389.550 - Consignments to elevators declared temporary.
Section 389.560 - Time allowed for removing grain from cars.
Section 389.620 - Railroads required to pave right-of-way at street crossings.
Section 389.630 - Railroad failing to pave, city to proceed, how.
Section 389.645 - Crossing in city, town or village, division may regulate, when.
Section 389.650 - Lawful fences, gates, who may build — trespassers.
Section 389.653 - Trespass to railroad property, penalties.
Section 389.670 - Storm sewers along railroad right-of-way in cities or towns under 30,000.
Section 389.680 - Railroad storm sewers — intersection with city sewer system.
Section 389.690 - Railroad storm sewers — liability for damages — penalties.
Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.
Section 389.710 - Lights to be placed on certain switches, when, by whom.
Section 389.730 - Liability for noncompliance — action for damages.
Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.
Section 389.795 - Walkways and handrails on bridges and trestles.
Section 389.797 - Employee walkways to be kept clear, enforcement.
Section 389.800 - Contributory negligence not to relieve from liability.
Section 389.810 - Engines to be equipped with power drive wheel brakes.
Section 389.820 - Safety appliances — automatic couplers.
Section 389.830 - Standard drawbars to be used — height of same.
Section 389.840 - Cars to be equipped with air or power brakes.
Section 389.850 - Application of provisions of sections 389.810 to 389.870.
Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.
Section 389.870 - Employee not guilty of contributory negligence, when.
Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.
Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.
Section 389.990 - Bell and whistle at crossings — penalty.
Section 389.991 - Definitions.
Section 389.992 - Division of motor carrier and railroad safety regulations.
Section 389.996 - Investigation of accidents, notice of an accident.
Section 389.999 - Causes of action existing prior to August 13, 1988.