Kansas Statutes

Chapter 66: Public Utilities

Article 3: Duties And Liabilities Of Railroads And Other Carriers

Statutes:

• 66-301: Construction of farm crossings.
• 66-302: Gates at crossings.
• 66-303: Action to compel construction; owner may construct and collect costs.
• 66-304:
• 66-305:
• 66-306:
• 66-307:
• 66-308: Construction of fences; hog-tight fence defined.
• 66-309: Notice to railroad upon failure to build fence.
• 66-310: Landowner may build; recovery of value, interest and attorney's fee.
• 66-311: Making fence hog-tight.
• 66-312, 66-313:
• 66-314, 66-315:
• 66-316:
• 66-317:
• 66-318:
• 66-319:
• 66-320:
• 66-321:
• 66-322, 66-323:
• 66-324:
• 66-325:
• 66-326:
• 66-327 to 66-329:

• 66-301: Construction of farm crossings. Whenever any railroad, either steam or electric, shall run through any farm so as to divide it, such railroad at the request of the owner of such farm, shall construct, keep and maintain, a crossing either on, over or under such railroad track, at some convenient place, which crossing shall be so constructed as to permit ready and free crossing thereon, by animals, farm implements and vehicles.

        History:   L. 1911, ch. 244, § 1; May 22; R.S. 1923, 66-301.

• 66-302: Gates at crossings. Through the fences on either side of the right-of-way of such railroad, at such crossing, such railroad shall construct, keep and maintain gates so as to permit the passage of animals, farm implements and vehicles.

        History:   L. 1911, ch. 244, § 2; May 22; R.S. 1923, 66-302.

• 66-303: Action to compel construction; owner may construct and collect costs. If upon such request being made, such railroad shall fail, neglect or refuse to construct such crossing and gates, or to keep the same in repair, then the owner of such farm may, by appropriate action, compel such railroad to so construct, keep and maintain such crossing and gates, or such owner may construct or repair such crossing and gates, and then collect from such railroad the cost thereof.

        History:   L. 1911, ch. 244, § 3; May 22; R.S. 1923, 66-303.

• 66-304:

        History:   L. 1911, ch. 240, § 1; R.S. 1923, § 66-304; L. 1995, ch. 98, § 17; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-305:

        History:   L. 1911, ch. 240, § 2; R.S. 1923, 66-305; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-306:

        History:   L. 1911, ch. 240, § 3; R.S. 1923, 66-306; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-307:

        History:   L. 1911, ch. 240, § 4; R.S. 1923, 66-307; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-308: Construction of fences; hog-tight fence defined. (a) Any person, persons or corporations owning land by or through which any railroad or any electric interurban line has been or may be constructed, who has enclosed or may enclose the same or any part thereof, and adjacent to the line of such railroad or interurban line, with either a lawful fence or a hog-tight fence, may demand of such railroad or interurban company that it enclose its line next thereto with a lawful fence or hog-tight fence corresponding in class of fence to that maintained by the owner, and maintain the same except that the following shall constitute a hog-tight fence for the purpose of this act: A woven-wire fence not less than 26 inches high with not less than seven cables and meshes not to exceed six inches in length. The bottom mesh shall not be more than three inches wide; the second not more than three and one half inches wide, the third not more than four inches wide, the fourth not more than four and one half inches wide, the fifth not more than five inches wide, and the sixth not more than six inches wide. The bottom wire of the woven-wire fence shall be placed not to exceed two inches from the surface of the ground. And in addition to the woven wire already prescribed there shall be not less than three barbed wires placed above the woven wire. The first barbed wire above the woven wire shall be placed four inches above the top of the woven-wire fence. The second barbed wire shall be placed eight inches above the first barbed wire, and the third barbed wire to be placed eight inches above the second barbed wire; in all, 48 inches. The posts shall be of ordinary size for fence purposes and set in the ground at least two feet deep and not to exceed 16 feet apart. The barbs on the barbed wire shall not exceed six inches apart, such wire to be of not less than No. 13 standard gauge or wires having not less than 950 pounds breaking strength.

        (b)   For purposes of this section, an electrically charged wire fence described in K.S.A. 29-109 shall not be deemed a lawful fence.

        History:   L. 1885, ch. 154, § 1; L. 1897, ch. 168, § 1; L. 1909, ch. 189, § 1; R.S. 1923, 66-308; L. 1986, ch. 195, § 7; July 1.

• 66-309: Notice to railroad upon failure to build fence. Whenever a railroad corporation, or the lessee, person, company or corporation operating any railroad, shall neglect or refuse to build such fence as provided in this act, the owner or occupant of the lands adjoining such railroad, or over or through where the railroad track is or may be laid, may give notice in writing to such corporation, or the lessee thereof, or the persons operating such railroad, to build such fence within sixty days, except during the months of December and January, after the service of such notice. Such notice shall describe the lands on which said fence is required to be built. Service of such notice may be made by delivering the same to any ticket or station agent of said corporation or the person, corporation or lessees operating such railroad.

        History:   L. 1885, ch. 154, § 2; March 17; R.S. 1923, 66-309.

• 66-310: Landowner may build; recovery of value, interest and attorney's fee. If the party so notified shall refuse to build such fence in accordance with the provisions of this act, the owner or occupant of the land required to be fenced shall have the right to enter upon the land and track of said railroad company, and may build such fence; and the person so building such fence shall be entitled to the value thereof from such corporation or party operating or using such railroad, to be recovered with interest at the rate of one percent per month from the time such fence was built, together with a reasonable attorney's fee for the prosecution of any suit to recover the same.

        History:   L. 1885, ch. 154, § 3; March 17; R.S. 1923, 66-310.

• 66-311: Making fence hog-tight. Any person owning or occupying land adjoining any railroad track of any railroad company shall have the right to attach to the fence constructed along the track or right-of-way of said railroad company any wires, boards or other materials so as to make the fence of said railroad company sufficient to prevent any hogs or pigs from getting upon the track of said railroad company.

        History:   L. 1885, ch. 154, § 4; March 17; R.S. 1923, 66-311.

• 66-312, 66-313:

        History:   L. 1887, ch. 228, §§ 2, 3; R.S. 1923, §§ 66-312, 66-313; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-314, 66-315:

        History:   L. 1917, ch. 263, §§ 1, 2; R.S. 1923, §§ 66-314, 66-315; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-316:

        History:   L. 1917, ch. 263, § 3; R.S. 1923, 66-316; Repealed, L. 1949, ch. 339, § 1; June 30.

• 66-317:

        History:   L. 1909, ch. 191, § 1; R.S. 1923, § 66-317; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-318:

        History:   L. 1909, ch. 191, § 2; R.S. 1923, § 66-318; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-319:

        History:   L. 1913, ch. 258, § 1; R.S. 1923, 66-319; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-320:

        History:   L. 1903, ch. 488, § 1; R.S. 1923, 66-320; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-321:

        History:   L. 1903, ch. 488, § 2; R.S. 1923, § 66-321; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-322, 66-323:

        History:   L. 1907, ch. 287, §§ 1, 2; R.S. 1923, §§ 66-322, 66-323; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-324:

        History:   L. 1909, ch. 195, § 1; L. 1917, ch. 255, § 1; R.S. 1923, § 66-324; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-325:

        History:   L. 1909, ch. 195, § 2; L. 1915, ch. 285, § 1; R.S. 1923, § 66-325; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-326:

        History:   L. 1909, ch. 195, § 3; R.S. 1923, § 66-326; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-327 to 66-329:

        History:   L. 1927, ch. 189, §§ 1 to 3; Repealed, L. 1947, ch. 332, § 1; June 30.