Full Text of HB0987 94th General Assembly
HB0987 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0987
Introduced 2/3/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/18c-7504 |
from Ch. 95 1/2, par. 18c-7504 |
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Amends the Illinois Vehicle Code. Provides that a rail carrier's duty to maintain fences on both sides of its road ends when the carrier permanently ceases operations over the line.
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A BILL FOR
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HB0987 |
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LRB094 06993 DRH 37113 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 18c-7504 as follows:
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| (625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
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| Sec. 18c-7504. Construction of Fences, Farm Crossings, and
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| Damages. (1) Fencing.
Every rail carrier shall, within 6 months | 9 |
| after any
part of its line is open for use, erect and , until it | 10 |
| permanently ceases operations over the line,
thereafter
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| maintain fences on both sides of its road or so much thereof
as | 12 |
| is open for use, suitable and sufficient to prevent
cattle, | 13 |
| horses, sheep, hogs or other livestock from getting
on such | 14 |
| railroad, provided that the other 3 sides of
the property are | 15 |
| enclosed, except at the crossings of public
roads and highways, | 16 |
| and within such portion of cities and
incorporated towns and | 17 |
| villages as are or may be hereafter
laid out and platted into | 18 |
| lots and blocks, with gates at the
farm crossings of such | 19 |
| railroad, which farm crossings shall
be constructed by such | 20 |
| rail carrier when and where the same
may become necessary, for | 21 |
| the use of the proprietors of the
lands adjoining such | 22 |
| railroad; and when such fences are not
made as aforesaid, or | 23 |
| when such fences are not kept in good
repair, such rail carrier | 24 |
| shall be liable for all damages
which may be done by the | 25 |
| agents, engines or cars of such rail
carrier, to such cattle, | 26 |
| horses, sheep, hogs or other
livestock thereof, and reasonable | 27 |
| attorney's fees in any
court wherein suit is brought for such | 28 |
| damages, or to which
the same may be appealed; but where such | 29 |
| fences have been
duly made and kept in good repair, such rail | 30 |
| carrier shall
not be liable for any such damages, unless | 31 |
| negligently or
willfully done.
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| (2) Enforcement.
If the rail carrier, after being notified, |
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HB0987 |
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LRB094 06993 DRH 37113 b |
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| shall refuse to
build or repair such fence, gates, or farm | 2 |
| crossings, in
accordance with the provisions of this, Section, | 3 |
| the owner or
occupant of the land required to be fenced shall | 4 |
| be entitled
to an order from any court of competent | 5 |
| jurisdiction
requiring the rail carrier to build or repair such | 6 |
| fence,
gates, or farm crossing and may recover interest at one
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| percent per month of the cost of such building or
repair, from | 8 |
| the time the crossing or repair was requested,
as damage in the | 9 |
| circuit court, together with costs to be
taxed by the court.
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| (Source: P.A. 84-796.)
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