S-4458.1  _______________________________________________

                         SENATE BILL 6511

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senators Morton and Deccio

Read first time 01/25/94.  Referred to Committee on Transportation.

Prohibiting indemnification or liability insurance requirements of persons with long-time private crossings.

    AN ACT Relating to railroad right of ways; and adding a new section to chapter 81.52 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 81.52 RCW to read as follows:

    (1) Any person, company, or corporation owning or operating a railroad may not require any person owning land on both sides of a railroad right of way connected by a private crossing that has been used continuously since January 1, 1984, or earlier, where the use of the crossing has been apparent to the railroad operator and is reasonably necessary to access the land, to indemnify the operator against, or purchase liability for, damages resulting from accidents at the crossing.

    (2) For purposes of this section, a private crossing is "reasonably necessary" if a substitute crossing cannot be accessed without unreasonable expense, difficulty, or delay.

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