Montana legislation · 2025 Regular Session
Montana HB933: Establish the Montana railroad crossing clarity act
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act allowing utilities to cross or place infrastructure within a railroad's right-of-way and adjacent railroad land; establishing requirements and fees related to the right of utilities to cross and place infrastructure within a railroad right-of-way and adjacent railroad land; requiring applications for crossings and infrastructure; establishing crossing fees and insurance coverage; allowing for objections; providing for the assignment of crossing rights; prohibiting mechanic's liens; providing definitions; providing rulemaking authority…
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING UTILITIES TO CROSS OR PLACE INFRASTRUCTURE WITHIN A RAILROAD'S RIGHT-OF-WAY AND ADJACENT RAILROAD LAND; ESTABLISHING REQUIREMENTS AND FEES RELATED TO THE RIGHT OF UTILITIES TO CROSS AND PLACE INFRASTRUCTURE WITHIN A RAILROAD RIGHT-OF-WAY AND ADJACENT RAILROAD LAND; REQUIRING APPLICATIONS FOR CROSSINGS AND INFRASTRUCTURE; ESTABLISHING CROSSING FEES AND INSURANCE COVERAGE; ALLOWING FOR OBJECTIONS; PROVIDING FOR THE ASSIGNMENT OF CROSSING RIGHTS; PROHIBITING MECHANIC'S LIENS; PROVIDING DEFINITIONS; PROVIDING RULEMAKING AUTHORITY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Short title. [Sections 1 through 15] may be cited as the "Montana Railroad Crossing Clarity Act". NEW SECTION. Section 2. Definitions. As used in [sections 1 through 15], unless the context clearly indicates otherwise, the following definitions apply: (1) (a) "Annual fee" means an exact and specific price established in an annual fee agreement that the utility agrees to pay annually to the railroad as consideration for a crossing of the railroad right-of-way or railroad land. (b) Existing annual fees are limited to the first annual fee in the original executed agreement between the railroad and utility. (c) If a railroad requests an annual fee, the annual fee is limited to 10% of the original crossing fee or $300. …