Effective 4/1/2024
| (1) |
As used in this section:
Terms Used In Utah Code 56-1-13 v2- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (a) |
“Livestock” means the same as that term is defined in Section 4-1-109. |
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| (2) |
Each railroad shall erect and maintain a fence on each side of any railroad right-of-way owned or operated by the railroad that passes through:
| (a) |
land owned by a private owner; or |
| (b) |
public land upon which grazing of livestock occurs. |
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| (3) |
A railroad shall ensure that a fence required under Subsection (2) is:
| (a) |
at least four and one-half feet high; |
| (b) |
constructed with barbed or other fencing wire, with at least five wires; |
| (c) |
constructed with substantial posts no more than 16.5 feet apart; and |
| (d) |
reasonably constructed to ensure livestock are unable to pass through the fence. |
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| (4) |
A railroad shall ensure that fences required under Subsection (2) include proper gates and cattle guards at each private crossing. |
| (5) |
A railroad is liable to a livestock owner for all damages to livestock resulting from a railroad’s failure to construct or maintain a fence as required in this section. |
| (6) |
| (a) |
If a fence falls into disrepair or is damaged, the railroad shall ensure that the fence is repaired as soon as possible, but not later than 30 days after the date the railroad receives notice of the disrepair or damage. |
| (b) |
To recover damage to livestock caused by a damaged fence as described in this section, a livestock owner shall follow the procedures described in Section 56-1-12. |
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| (7) |
| (a) |
If a railroad fails to repair a fence within 30 days after the date the railroad receives notice as described in Subsection (6)(a), the owner of the adjacent property may construct or repair the fence. |
| (b) |
If a land owner repairs a fence as described in Subsection (7)(a):
| (i) |
the railroad is liable for the full value of the work and materials for the construction or repair; and |
| (ii) |
if the railroad fails to timely reimburse the land owner, the land owner may file a civil action in a court of competent jurisdiction. |
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| (8) |
Any work by a land owner to repair a fence required by this section does not:
| (a) |
shift liability for damage to livestock as described in Section 56-1-12 to the land owner; or |
| (b) |
relieve the railroad from liability for damage to livestock as described in Section 56-1-12. |
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Repealed and Re-enacted by Chapter 232, 2023 General Session
