Legislation
SECTION 93
Fences; farm crossings and use of line not inclosed
Transportation Corporations (TCP) CHAPTER 63, ARTICLE 7
§ 93. Fences; farm crossings and use of line not inclosed. It shall
not be necessary for any such corporation to fence the lands acquired
for its corporate purposes. But, if not inclosed by a substantial fence,
the owner of the adjoining lands from whom such lands were obtained, his
heirs or assigns, may occupy and use such lands in any manner not
injurious to the interests of the corporation and shall not be liable
therefor, or for any trespass upon any such lands, except for wilful or
negligent injury to the pipes, fixtures, machinery or personal property
of the corporation. If the corporation shall keep such lands inclosed it
shall construct and provide all suitable and necessary crossings with
gates for the use and convenience of any owners of lands adjoining the
portion of its lands so inclosed, and no claim shall be made by it
against any owner of adjoining lands to make or contribute to the making
or maintaining of any division fence between such adjoining lands and
its lands. If it shall neglect to keep and maintain substantial fences
along its lands the owners of adjoining lands may construct and maintain
all farm or division fences, and all line fences crossed by such pipe
line, in the same manner as though it had not acquired such lands for
such pipe line, and it shall be liable for all injuries to such fences
caused or done by any of its officers or agents, or any persons acting
in their or its behalf, or by any laborer in its or their employ or in
the employ of any of its contractors.
not be necessary for any such corporation to fence the lands acquired
for its corporate purposes. But, if not inclosed by a substantial fence,
the owner of the adjoining lands from whom such lands were obtained, his
heirs or assigns, may occupy and use such lands in any manner not
injurious to the interests of the corporation and shall not be liable
therefor, or for any trespass upon any such lands, except for wilful or
negligent injury to the pipes, fixtures, machinery or personal property
of the corporation. If the corporation shall keep such lands inclosed it
shall construct and provide all suitable and necessary crossings with
gates for the use and convenience of any owners of lands adjoining the
portion of its lands so inclosed, and no claim shall be made by it
against any owner of adjoining lands to make or contribute to the making
or maintaining of any division fence between such adjoining lands and
its lands. If it shall neglect to keep and maintain substantial fences
along its lands the owners of adjoining lands may construct and maintain
all farm or division fences, and all line fences crossed by such pipe
line, in the same manner as though it had not acquired such lands for
such pipe line, and it shall be liable for all injuries to such fences
caused or done by any of its officers or agents, or any persons acting
in their or its behalf, or by any laborer in its or their employ or in
the employ of any of its contractors.