S.F. 384 Section 1. Section 327G.81, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. This section does not absolve the property owners of 3 other duties and responsibilities that they may be assigned as 4 property owners by law. Subsection 1 , paragraph “a” , does not 5 apply to rights-of-way located on land within the corporate 6 limits of a city except where the acquired right-of-way is 7 contiguous to land assessed as agricultural land , and does 8 not apply to rights-of-way on which recreational trails are 9 constructed or maintained except where the absence of a fence 10 causes a clear and convincing threat to the safety of persons 11 or property on or near the acquired right-of-way . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Under current law, a person, including a state agency or 16 political subdivision of the state, who acquires a railroad 17 right-of-way for a purpose other than farming is required 18 to construct, maintain, and repair a fence on each side of 19 the property. The requirement may be waived by a written 20 agreement with the adjoining landowner. In addition, the 21 requirement does not apply to rights-of-way located on land 22 within the corporate limits of a city except where the acquired 23 right-of-way is contiguous to land assessed as agricultural 24 land. 25 This bill provides that the requirement also does not apply 26 to rights-of-way on which recreational trails are constructed 27 or maintained except where the absence of a fence causes 28 a clear and convincing threat to the safety of persons or 29 property on or near the acquired right-of-way. 30 -1- LSB 2609XS (2) 88 ns/rh 1/ 1