CHAPTER 721

AN ACT TO AMEND CHAPTER 7, TITLE 17, DELAWARE CODE, BY PROHIBITING EVERY RAILROAD COMPANY IN THIS STATE FROM ERECTING, PLANTING, AND/OR MAINTAINING CERTAIN HEDGES, SHRUBS, TREES, SOLID FENCES AND OTHER LARGE SOLID OBJECTS FROM ITS PROPERTY OR RIGHT-OF-WAY AND PROVIDING PROCEDURES WHERE RAILROAD COMPANY FAILS TO COMPLY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 7, Title 17, Delaware Code, is amended by adding thereto a new section as follows:

§ 710. Regulation of maintenance of railroad property

(a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad property or right-of-way and for a distance of twenty-five (25) yards from the point where said property or right-of-way crosses any public or private road at which grade crossing protection is not provided by gates, warning lights or watchman.

() If any railroad company, at any time, fails to comply with the provisions of paragraph (a) of this section, then the Department shall notify the President or other executive officer of the company, in writing, stating the nature of the obstruction; if the company does not within 30 days thereafter, comply with the provisions of paragraph (a) of this section, it shall be fined for the first offense $100, for the second offense $200, and for every subsequent offense not less than $500 nor more than $1,000.

(a) The Superior Court shall have jurisdiction of offenses under this section.

Approved July 19, 1970.