State Codes and Statutes
Statutes > Missouri > T25 > C389 > 389_665Right-of-way to be cleared of weeds and brush to prevent fires,violation, damages and costs--public grade crossings to be clear ofvegetation and undergrowth.
389.665. 1. It shall be the duty of every corporation orperson owning or operating any railroad or branch thereof in thisstate to keep the right-of-way reasonably clear of brush and highweeds, by cutting, burning, chemical spraying, plowing under, orother appropriate means for the purpose of preventing the spreadof fire, and in case such corporation or person shall fail orneglect to do so, any person owning land adjoining such railroadis hereby authorized, after giving three days' notice, inwriting, to such owner or operator of the railroad, by serviceupon any person authorized to receive service of legal process onbehalf of the corporation within this state to cause such brushand high weeds upon the right-of-way occupied by the railroadcompany to be cut and removed, burned, plowed, or sprayed withchemical material for killing such brush and high weeds in frontof and adjoining his land, and such landowner may maintain anaction against the corporation or person so failing to performthis duty, in any court of competent jurisdiction, and shall beentitled to recover double the amount of all expenses and damagesincurred and accruing thereby, together with costs.
2. It shall be the duty of every corporation or personowning or operating any railroad or branch thereof in this stateto maintain the right-of-way at public grade crossings so that itwill be reasonably clear of vegetation, undergrowth or otherdebris for a distance of two hundred fifty feet each way from thenear edge of such crossings where such things would materiallyobscure approaching trains from the view of travelers on thehighway.
(L. 1988 S.B. 676)
