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.
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