Iowa Code § 327G.1
Definition
As used in this subchapter, unless the context otherwise requires, “department” means the state department of transportation.
Iowa Code Chapter 327G — Railroad Rights-of-Way, Crossings, Tracks, and Fencing
Iowa · statute · Iowa Code ch. 327G · 38 active provisions
Iowa Code § 327G.2
Crossings — signs
Every corporation constructing or operating a railway shall make and construct at all points where such railway crosses any public road good, sufficient, and safe crossings and erect at such points, at a sufficient elevation from such road as to admit a free passage of vehicles of every kind, a sign with large and dist…
Iowa Code § 327G.3
Railway fences required
All railway corporations owning or operating a line of railway within the state shall construct, maintain, and keep in repair a fence on each side of the right-of-way, to prevent livestock getting upon the tracks.
Iowa Code § 327G.4
Specifications
1. All fences shall be not less than fifty-four inches high and may be of any of the following types: a. Not less than five barbed wires, properly spaced. b. Not less than three barbed wires above and not less than twenty-four inches of woven wire below. c. Entirely of woven wire. d. Five boards properly spaced. e. Any…
Iowa Code § 327G.5
Hog-tight fences
When any person owning land abutting on the right-of-way is maintaining a hog-tight fence on all sides thereof or any division of such land except along such right-of-way, the railway company owning such right-of-way shall, on written request of the landowner, make such right-of-way fence along such enclosed land hog-t…
Iowa Code § 327G.6
Failure to fence
Any corporation operating a railway and failing to fence its right-of-way shall be liable to the owner of any stock killed or injured by reason of the want of such fence for the full amount of the damages sustained by the owner, unless it was occasioned by the willful act of such owner or the owner’s agent; and to reco…
Iowa Code § 327G.7
Double damages
If such corporation fails or neglects to pay such damages within ninety days after notice in writing that a loss or injury has occurred, accompanied by an affidavit thereof, served upon any officer or station or ticket agent employed by said corporation in the county where such loss or injury occurred, such owner shall…
Iowa Code § 327G.8
Laws and local regulations not applicable
No law of the state or any local or police regulations of any county, township or city, relating to the restraint of domestic animals, or in relation to the fences of farmers or landowners, shall be applicable to railway rights-of-way, unless specifically so stated in such law and regulation.
Iowa Code § 327G.9
Failure to fence — general penalty
If the railroad corporation refuses or neglects to comply with any provision of this chapter relating to the fencing of the tracks, such railroad corporation shall, upon conviction, be subject to a schedule “two” penalty and every thirty days’ continuance of such refusal or neglect shall constitute a separate and disti…
Iowa Code § 327G.10
Killing of stock — interpretative clause
Nothing herein contained shall be construed to relieve the corporation from liability arising from the killing or maiming of livestock on said track or right-of-way by its negligence or that of its employees, nor shall anything in this chapter interfere with the right of open or private crossings, or with the right of…
Iowa Code § 327G.11
Private farm crossings
When a person owns farmland on both sides of a railway, or when a railway runs parallel with a public highway thereby separating a farm from such highway, the corporation owning or operating the railway, on request of the owner of the farmland, shall construct and maintain a safe and adequate farm crossing or roadway a…
Iowa Code § 327G.12
Overhead, underground, or more than one crossing
The owner of land may serve upon the railroad corporation a request in writing for more than one private crossing, or for an overhead or underground crossing, accompanied by a plat of the owner’s land designating the location and character of crossing desired. If the railroad corporation refuses or neglects to comply w…
Iowa Code § 327G.15
Railway and highway crossing at grade
1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway corporation owning such track and the department, in the case of primary highways, the board of supervisors of the county in which such crossing is located, in the case of secondary roads, or the council of the city, in…
Iowa Code § 327G.16
Disagreement application notice
If the persons specified in section 327G.15 cannot reach an agreement, either party may make written application to the department requesting resolution of the disagreement. The department shall request the department of inspections, appeals, and licensing to set a date for hearing. The department of inspections, appea…
Iowa Code § 327G.17
Hearing order
1. The department of inspections, appeals, and licensing shall hear the evidence of each party to the controversy and shall make an order, which may include, pursuant to chapters 6A and 6B, authority to condemn, resolving the controversy. The order shall include the portion of the expense to be paid by each party to th…
Iowa Code § 327G.18
Railroad corporation to hold in trust
Any portion of the expense of making such crossing changes and alterations borne by any municipal corporation or township, the state or any person, shall forever be held in trust by such railroad corporation or its successors, and no part of such funds shall constitute any part of the value of its property on which it…
Iowa Code § 327G.19
Grade crossing fund
There is hereby created a fund which shall be known as the highway grade crossing safety fund and shall be made up of the amount allocated by the state treasurer from the road use tax fund.
Iowa Code § 327G.21
Condition after change — temporary ways
When a railroad company changes, alters, or repairs a highway crossing, it shall upon completion of the work leave it free from obstructions to travel and in good condition. If travel will be obstructed while any alterations or repairs are being made, the railroad company shall provide safe and convenient temporary way…
Iowa Code § 327G.24
Removal of tracks from crossings
Upon consummation of an abandonment of a railway line authorized under 49 U.S.C. §10903 adopted as of a specific date by rule by the department, or upon interim use of railroad rights-of-way to establish appropriate trails pursuant to 16 U.S.C. §1247(d) adopted as of a specific date by rule by the department, if the ra…
Iowa Code § 327G.25
Closing of crossing for repair or upgrade
A railway corporation shall not close a railway crossing to the traveling public for more than thirty days for the purpose of repairing or upgrading the crossing. A railway corporation violating this section shall, upon conviction, be subject to a schedule “one” penalty.
Iowa Code § 327G.29
Grade crossing surface repair fund
1. There is established a highway railroad grade crossing surface repair fund in the office of the treasurer of state. The department may credit to this fund: a. Moneys appropriated to the department from the general fund of the state. b. Moneys appropriated to the department from the road use tax fund or the primary r…
Iowa Code § 327G.30
Adjustment of expense
1. If a grade crossing surface of a railroad track and a highway, street, or alley shall require repairs or maintenance, the costs for the maintenance may be paid as provided in section 312.2, subsection 2. 2. If the railroad corporation and the jurisdiction having authority agree on the method of crossing maintenance…
Iowa Code § 327G.31
Disagreement resolved
If a railroad corporation and the jurisdiction having authority cannot reach agreement on grade crossing surface repair and maintenance, either party may appeal to the department of inspections, appeals, and licensing if prior to disagreement both parties have filed a statement with the state department of transportati…
Iowa Code § 327G.32
Blocking highway crossing
1. A railroad corporation or its employees shall not operate a train in such a manner as to prevent vehicular use of a highway, street, or alley for a period of time in excess of ten minutes except in any of the following circumstances: a. When necessary to comply with signals affecting the safety of the movement of tr…
Iowa Code § 327G.61
Definitions
As used in this subchapter: 1. “Department” means the state department of transportation. 2. “Spur track” means a railroad track located wholly within the state connected to a main or branch line of a railroad and used to originate or terminate traffic at one or more industries or a railroad track not subject to the ju…
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