§ 37-9-312 — Immediate or urgent fence repairs

(a) After notification to the railroad and the department
of transportation by the landowner concerning any damaged fence
or a fence in disrepair, the landowner shall have the right to
be reimbursed by the railroad for the reasonable and customary
costs for such repairs, provided:
(i) The landowner gives the railroad specific
information concerning the location of the damage;
(ii) Following the notice by the landowner, the
railroad fails to commit that it will make the repairs within
three (3) business days of the initial notice by the landowner
or fails to complete the repairs within five (5) business days
or within a mutually agreed upon time from the date of the
initial notice by the landowner; and
(iii) The need for repair is of an immediate or
urgent nature as determined by the landowner and the department
of transportation.
(b) Nothing in this section shall be construed as a
prohibition against a railroad immediately repairing the fence,
the adjacent landowner and the railroad mutually agreeing to
other terms for such repairs, or to an adjacent landowner making
such repairs at his own expense.
(c) Repairs made by a landowner pursuant to this section
shall not be deemed to create any continuing duty or any
landowner liability.