§ 37-9-309 — Payment of claims; time; interest; costs

(a) Any railroad corporation liable for the payment of
claims for damages from fire and livestock killed or injured
shall either pay or reject the claim within sixty (60) days
after notice and evidence of the claim is furnished by the
claimant. All claims shall include information necessary for
the railroad to verify property damage, value of property
damages, and propriety of claim with all supporting bills, when
available. Claims shall not be deemed filed until the
information has been received by the railroad. A claim which is
not rejected or paid within sixty (60) days shall be deemed
granted and shall constitute a lien upon the property of the
railroad. Claims which are unpaid after sixty (60) days shall
draw interest at the rate of eighteen percent (18%) per annum
until paid, whether voluntarily or by court judgment and order.
(b) With respect to any property damage caused by a
railroad, the court shall order the railroad corporation to pay
the reasonable attorney fees and court costs incurred by a
property owner if the court finds that the railroad corporation
did not negotiate in good faith to establish the reasonable
value of damages caused to the property owner by the railroad,
or if the property owner was required to initiate legal
proceedings against the railroad corporation to enforce a
judgment for damages.