§ 8-4-33-1 — Time for construction; areas to be enclosed

Indiana § 8-4-33-1

• Jurisdiction: Indiana
• Art. 4: ORGANIZATION AND OPERATION OF
• Ch. 33: Fencing Railroads

Text

Any railroad corporation, lessee, or assignee or
receiver, or other person or corporation, running, controlling, or
operating, or that may after July 18, 1885, construct, build, run, control,
or operate, any railroad into or through this state, shall, not later than
July 18, 1886, and within twelve (12) months from the date of the
construction and completion of any part of a line of road constructed
after July 18, 1885, erect, build, construct, and thereafter maintain
fences, which may be constructed of barbed wire, on both sides of such
railroad throughout the entire length completed within the state of
Indiana, sufficient and suitable to turn and prevent cattle, horses,
mules, sheep, hogs, or other stock from getting on such road, except at
the crossings of public roads and highways, and within such portions
of cities and incorporated towns and villages as are on or after July 18,
1885, laid out and platted into lots and blocks, and shall also, in like
manner and within the time herein before prescribed, construct, where
the same has not already been done, and thereafter maintain, at all
public road and highway crossings, existing on July 18, 1885, or
established after July 18, 1885, barriers and cattle guards suitable and
sufficient to prevent cattle, horses, sheep, hogs, and other stock from
getting on such railroad; provided, however, when such fences and
cattle guards are not made as herein provided, or when such fence or
cattle guards are not kept in repair, such railroad corporation, or
persons operating the same, shall be liable for all damages which may
be done by the agents, employees, engineers, or cars of such
corporation or person operating the same, to any such cattle, horses,
sheep, hogs, or other stock thereon; provided, however, that such
railroad corporation or other person operating the same shall not be
required to fence such railroad track through unimproved and
uninclosed lands, and the provisions of this chapter shall not apply to
such parts and portions of any such railroad which runs through
unimproved and uninclosed lands, but when such lands become
improved and inclosed on three (3) sides, the same shall apply, and
such railroad corporation or person operating the same shall be
required to fence the same under the provisions of this chapter within
six (6) months from the date of such inclosure.
Formerly: Acts 1885(ss), c.91, s.1. As amended by P.L.62-1984,
SEC.89.