2005 Minnesota Statutes - 219.35 — Crossing and drain.

     219.35 Crossing and drain. 


    Persons owning lands abutting upon a railroad may 
 construct, at their own expense, crossings under, over, or 
 across the railroad and drains under and across the railroad at 
 places and in ways that do not obstruct or impair the use of the 
 railroad.  Before constructing them, the owner of the land shall 
 serve on the nearest station agent of the company a notice, 
 stating in detail the work which the landowner desires to 
 perform, and the company may construct that work; but the 
 crossings and drains may not be opened for the use of the 
 landowner until the landowner pays the reasonable cost of 
 construction.  These crossings and drains must be maintained and 
 kept in repair by the railroad company; however, the railroad 
 may require reimbursement from the abutting landowners of its 
 reasonable and accountable maintenance and repair costs when 
 maintenance and repair are initiated by the landowner and agreed 
 to in advance by the railroad company.  The railroad company 
 shall ensure, allow, and not prohibit reasonable egress and 
 ingress under, over, and across a crossing except as may be 
 required for maintenance of the crossing or for normal operation 
 of the railroad. 


    HIST: (4748) RL s 2001; 1985 c 265 art 4 s 1; 1986 c 444; 1991 
 c 83 s 1