§ 23-12-202 — Permitting certain weeds to seed on right-of-way unlawful - Recovery of damages

(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in this state. (b) (1) If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way. (2) However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section.

Legislative History

Acts 1909, No. 46, §§ 1, 2, p. 102; C. & M. Dig., §§ 8503, 8504; Pope's Dig., §§ 11079, 11080; A.S.A. 1947, §§ 73-629, 73-630.