reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:258. Tariffs; reports to commission; investigations; complaints; summoning witnesses; suits; process

RS 45:258 - Tariffs; reports to commission; investigations; complaints; summoning witnesses; suits; process
All common carriers of petroleum shall make and publish their tariffs and charges according to such reasonable rules and regulations as may be prescribed by the commission, which may require them to make reports and may investigate all their books and records kept in connection with their business. Upon petition of any shipper alleging injury or showing substantial basis to fear injury by reason of inadequate facilities as defined in this Chapter, the commission may require from such common carrier pipe line, reports duly verified under oath, of the total quantities of petroleum, owned by such pipe line as held by them in its distribution system, provided no publicity shall be given by the commission to the reports as to stock of petroleum on hand of any particular pipe line, but the commission in its discretion, may make public the aggregate amounts held by all pipe lines making these reports, and of the aggregate unfilled storage capacity and where situated. The commission has authority to hear and determine complaints, to require attendance of witnesses, pay their expenses and to institute suits and sue out such writs and process as may be necessary for the enforcement of its orders.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:259. Discrimination; limit of petroleum carrier required to receive in one day; expert to be employed to aid commission

RS 45:259 - Discrimination; limit of petroleum carrier required to receive in one day; expert to be employed to aid commission
No common carrier in its operations as such shall discriminate against shippers or owners of petroleum, in regard to facilities furnished, or service rendered, or rates charged under same or similar circumstances in the transportation of petroleum, nor shall there be any discrimination in favor of the transportation of petroleum, produced or purchased by itself, directly or indirectly. In this connection, common carrier pipe lines shall be considered as shippers or receivers of petroleum, produced or purchased by themselves, directly or indirectly, and handled through their facilities. No such carrier in its operations shall, directly or indirectly, charge, demand, collect or receive from any one a greater or less compensation for any service rendered than from another for a like and contemporaneous service; but this shall not limit the right of the commission to prescribe different rules and regulations or different rates for transportation from or to other places, as it may determine. Nor shall any carrier be guilty of discrimination when obeying any order of the commission. When there shall be offered for transportation more petroleum than can be transported immediately, it shall be equitably and ratably apportioned. The commission shall make and enforce general or specific regulations in this regard. Subject to these provisions, pipe lines shall accept ratably and equitably for transportation all marketable petroleum tendered; but no common carrier pipe line shall at any time be required to receive for shipment from any person, in excess of three thousand barrels of petroleum in any one day.
The commission may employ a competent expert, or experts, possessing experience in the business of producing and transporting petroleum, to aid the commission in carrying out the provisions of this Chapter; the selection of such agent, or agents, shall be made from among those recommended by the oil producing interests of the state.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:260. Rules and regulations, general or applicable to particular fields

RS 45:260 - Rules and regulations, general or applicable to particular fields
The commission shall make and enforce all other needful rules and regulations, either general in their nature or applicable to particular oil fields, covering fully the duties of common carrier pipe lines as defined in R.S. 45:251.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:261. Delivery of identical petroleum or delivery from common stock at destination

RS 45:261 - Delivery of identical petroleum or delivery from common stock at destination
Pipe lines included in the provisions of this Chapter, at their election, may deliver to the consignee either the identical petroleum received for transportation, subject to such consequences of mixing with other petroleum, as are incident to pipe line transportation, or they may make delivery from their common stock at destination; but if the latter be done the delivery shall be of substantially like kind and equal market value.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:262. Suits to set aside commission's orders

RS 45:262 - Suits to set aside commission's orders
When any order of the Louisiana Public Service Commission made and entered upon its records, under the jurisdiction and powers vested in it under this Chapter, shall be objected to by any party in interest, that party may, within three months after the order is made and becomes effective, and not thereafter, file in a court of competent jurisdiction at the domicile of the commission a petition setting forth the particular cause of objection to the order or regulation complained of. All such cases shall be tried in the same manner as ordinary civil cases and shall be given precedence over all other civil cases in that court, and shall be heard and determined as speedily as possible to the end that the public interests may not suffer by reason of such proceeding. The court may affirm the order of the commission complained of or change, modify, alter, or set aside the order, as justice may require.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:263. Procedure before commission and on review to be that used in similar cases

RS 45:263 - Procedure before commission and on review to be that used in similar cases
Except as herein otherwise provided, the rules of practice and procedure prescribed and enforced with respect to proceedings before the commission in other matters over which it has jurisdiction, shall apply to and govern proceedings before the commission under this Chapter. The right of and delays for appeal from the judgment of any trial court rendered hereunder, and the delays therefor, shall be the same as now or may hereafter be fixed by the constitution and laws of Louisiana governing appeals in other cases affecting the rules, orders and regulations of the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:264. Violation of law by carrier; penalty recoverable by state or person discriminated against

RS 45:264 - Violation of law by carrier; penalty recoverable by state or person discriminated against
No common carrier as defined in R.S. 45:251, shall wilfully violate any provision of this Chapter, or fail to perform any duty imposed by this Chapter or fail to obey any valid order of the commission when not stayed or suspended by order of court.
Whoever violates this Section shall be fined not less than one hundred dollars, nor more than five thousand dollars for each offense, such penalty to be recoverable at the suit of the Attorney General in the name of the state and for its own use. This penalty may also be recovered by and for the use of any person against whom there shall have been an unlawful discrimination as defined in this Chapter, the suit to be brought in the name and for the use of the party aggrieved.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:265. Violation of law by carrier's owners, officers, etc.

RS 45:265 - Violation of law by carrier's owners, officers, etc.
No owner, officer, agent or employee of a common carrier shall wilfully violate any of the provisions of this Chapter forbidding discrimination on the part of such carriers. Each violation of such provisions shall be deemed a separate offense.
Whoever violates this Section shall be fined not less than fifty dollars, nor more than one thousand dollars, or imprisoned for not less than ten days, nor more than six months.
The venue for all prosecutions for violation of this Chapter shall be in the district court of the parish in which the offense is committed.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:301. Pipe lines; gas; affected with a public interest

RS 45:301 - Pipe lines; gas; affected with a public interest
The transportation or sale of natural gas by pipe lines to local distributing systems for resale is affected with a public interest and such pipe lines, appurtenances and facilities to the extent of such transportation or sales are public utilities subject to the jurisdiction of the Louisiana Public Service Commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:302. Powers of the commission; scope

RS 45:302 - Powers of the commission; scope
A. The commission shall supervise, govern, regulate and control the transportation or sale of natural gas moving by pipeline to local distributing systems for resale for the purpose of fixing and regulating the rates charged and the service furnished by such public utilities in connection with such transportation or sale.
B. The power, authority and duties of the commission shall affect and include all matters and things directly connected with, concerning and growing out of the service given or rendered by such pipelines transporting or selling natural gas to local distributing systems for resale with respect to any such transportation or sales.
C. Notwithstanding any other provision of law to the contrary, the supply of natural gas by pipelines to a local distribution system shall not be disconnected or shut off unless the local distribution system is given at least ninety days written notice of such disconnect or shut off and at least one public hearing is held by the Louisiana Public Service Commission prior to such disconnect or shutoff; however, this ninety day notice may be extended by an order of the Louisiana Public Service Commission. The Louisiana Public Service Commission shall promulgate rules and regulations in order to implement the provisions of this Section. Such rules and regulations shall consider whether or not the local distribution system has agreed to shut off the pipeline for a specific period of time; the length of time required to obtain public financing; time constraints necessary to construct necessary facilities; time constraints and requirements of the State Bond Commission; time constraints and requirements of the Federal Energy Regulatory Commission; whether or not the local distribution system is captive to one pipeline; whether the local distribution system has access to other pipelines; operational issues regarding the local distribution system; and the local distribution system's pressure requirements.
Acts 2007, No. 272, §1, eff. July 6, 2007.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:302.1. Powers of the commission; abandonment of certain pipelines

RS 45:302.1 - Powers of the commission; abandonment of certain pipelines
A. As used in this Section, "interstate natural gas pipeline" means an interstate natural gas pipeline where any portion of such pipeline is geographically located within the state of Louisiana, and when such pipeline portion provides service within the state to one or more local distribution systems that in turn provide service to their customers.
B. On and after March 10, 2014, if the Federal Energy Regulatory Commission approves a proposal to abandon an interstate natural gas pipeline, then such pipeline portion within the state shall be considered an intrastate natural gas pipeline and a public utility as of the date of such approval. As an intrastate natural gas pipeline, the pipeline shall be subject to the jurisdiction of the Louisiana Public Service Commission.
C. An applicant filing a proposal with the Federal Energy Regulatory Commission seeking abandonment of an interstate natural gas pipeline that is subject to the provisions of this Section shall provide written notice and a copy of the application to the Louisiana Public Service Commission. Upon the approval and issuance of an abandonment order by the Federal Energy Regulatory Commission, the applicant shall provide written notice and a copy of such order to the Louisiana Public Service Commission.
D. Thereafter, any abandonment proceeding for such pipeline portion in Louisiana shall be governed pursuant to applicable rules, regulations, and orders of the Louisiana Public Service Commission. No such abandonment shall be deemed effective until the applicant has complied with the Louisiana Public Service Commission's rules, regulations, and orders, and all other applicable state and federal agency regulations.
E. The provisions of this Section shall be in addition to the requirements of R.S. 30:555.
F. The provisions of this Section shall not apply if the owner or operator of the interstate pipeline seeking abandonment has done all of the following:
(1) Reached a written agreement with the existing customers that provides for the continued availability and supply of natural gas from the interstate pipeline or for the supply and delivery of natural gas from alternative sources.
(2) Filed the agreement referenced in Paragraph (1) of this Subsection as an uncontested settlement with the Federal Energy Regulatory Commission and the Federal Energy Regulatory Commission has issued a final order approving such uncontested settlement without change and such settlement is no longer subject to appeal.
(3) Provided a copy of the uncontested settlement agreement and the final order of the Federal Energy Regulatory Commission, both referenced in Paragraph (2) of this Subsection, to the Louisiana Public Service Commission.
Acts 2014, No. 310, §1, eff. May 28, 2014.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:303. Powers of the commission; limitations

RS 45:303 - Powers of the commission; limitations
The provisions of this Part shall not apply to the production and gathering of natural gas or its conservation.
Nor shall those provisions apply to any public utilities, the title to which is in the state or any of its political subdivisions or municipalities; or any public utility already subject to regulations by any municipality under the laws of Louisiana, except as to operation by the utility beyond the corporate limits of such municipality.
Whenever the commission is required in administering the provisions of this Part to find the value of gas in the field where produced, that value shall be determined at the amount paid therefor by the pipe line company in the field pursuant to arm's-length contract; and in the absence of such arm's-length contracts, the fair market value of the gas as a commodity in the field.
The commission has no jurisdiction over direct industrial sales by such public utilities unless after investigation the commission shall find that any particular direct industrial sale is prima facie prejudicial to the rates charged for natural gas sold to local distributing systems for resale, in which event the commission has authority after a hearing on the matter to order such adjustment in the rates charged for gas sold to local distributing systems for resale, as may be necessary to remove the prejudicial effect of such rate of such direct industrial sale.
The power and authority conferred by this Section shall not apply to the transportation or sale of natural gas to direct industrial consumers by such utilities but shall, in respect of such transportation or sale, be restricted to the determination by the commission of the cost of service properly allocable to such transportation or sale and to the allocation of the cost to that service.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:307. Definitions

RS 45:307 - Definitions
The following words, when used in R.S. 45:307 through 45:315 have the meanings ascribed to them in this section except when a different meaning is expressly stated or clearly indicated by the context.
(1) "Public Utility" means any firm, corporation, person, or legal entity of any kind engaged in the transportation and sale of gas and which is subject to the regulatory authority of the Louisiana Public Service Commission.
(2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive.
(3) "Transportation of Gas" means the gathering, transmission or distribution of gas by pipeline or its storage.
(4) "Pipeline Facilities" means any pipeline equipment, facility or building used in the transportation of gas.
(5) "Commission" means the Louisiana Public Service Commission.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:308. Safety standards and practices

RS 45:308 - Safety standards and practices
A. Pipeline facilities used in the transportation of gas by public utilities shall be constructed, operated, and maintained in a safe manner.
B. Compliance with Section 8 of the U.S.A. Standard Code for Pressure Piping, Gas Transmission and Distribution Piping Systems, USAS B31.8-1968, constitutes compliance with this section, provided however, the commission shall have the authority to promulgate rules and regulations providing for additional safety standards and practices to conform to amendments to said Section 8 of the American Standard Code for Pressure Piping. Further, the commission shall have authority to adopt any uniform gas pipeline safety standards or practices which may hereinafter be promulgated by any regulatory agency of the United States having jurisdiction thereof.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:309. Inspections

RS 45:309 - Inspections
In furtherance of the purpose set forth in R.S. 45:308(A), the commission shall have the authority to promulgate rules and regulations providing for (1) the inspection by the permanent staff of the commission of pipeline facilities and the practices of public utilities in the transportation of gas, and, (2) record maintenance, reporting and inspection of pipeline facilities by public utilities.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:310. Penalties

RS 45:310 - Penalties
Whenever the commission finds, after notice and hearing, that a public utility is engaged in practices in the transportation of gas through pipeline facilities which violate the requirements of R.S. 45:308(B) or R.S. 45:313 and the public utility fails to achieve compliance after notice and reasonable opportunity to do so is given, the commission may impose a civil penalty not to exceed five hundred dollars for each day that such violation persists, except that the maximum civil penalty shall not exceed one hundred thousand dollars for any related series of violations. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:311. Enforcement

RS 45:311 - Enforcement
Upon petition by the commission the Nineteenth Judicial District Court within and for the Parish of East Baton Rouge, State of Louisiana, shall have jurisdiction to restrain violations of this Part or to enforce compliance with standards established under R.S. 45:308(B) or orders issued under R.S. 45:313.
Any person of interest may appeal from orders and decrees of the Commission issued under this Part in accordance with the provisions of Article 6, Section 5 of the Constitution of the State of Louisiana.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:312. Compacts, agreements or contracts

RS 45:312 - Compacts, agreements or contracts
A. The commission is authorized to enter into compacts, agreements or contracts with any agency of the United States providing for the adoption of uniform safety standards applicable to pipeline facilities and providing for the administration and enforcement by the commission of any uniform safety standards authorized under the provisions of this Part. The commission is authorized to apply for and receive grants of funds which may be available from any agency of the United States for its administration and enforcement of uniform safety standards for pipeline facilities used in the transportation of gas.
B. The commission is authorized to enter into agreements with any agency, political subdivision or instrumentality of the State of Louisiana which has authority by statute or municipal ordinance to promulgate and enforce gas pipeline safety standards, under which agreement the commission shall have the authority to administer and enforce the provisions of this Part on behalf of such agency, political subdivision or instrumentality over persons or firms other than public utilities as defined in R.S. 45:307(1).
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:313. Uniform standards not applicable to existing facilities; exceptions

RS 45:313 - Uniform standards not applicable to existing facilities; exceptions
The uniform standards provided for in this Part shall not be applicable to pipeline facilities in use on the date such standards are adopted, provided however, when, the commission, after notice and hearing, shall find a particular facility which is in use on the date of the adoption of such standards to be hazardous to life or property, the commission shall be empowered to require the public utility operating such facility to take such steps necessary to remove such hazard.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:315. Construction

RS 45:315 - Construction
The provisions of this Part shall not be construed as granting the Commission the authority to require the issuance of a certificate of convenience and necessity for the installation of pipeline facilities or the authority to determine the location, routes and rights of way of pipeline facilities nor shall any of the provisions hereunder be construed as granting unto the Commission authority to limit or restrict any franchise rights held by public utilities, nor shall any provision herein be construed as limiting any authority presently vested by law in any agency or political subdivision of the state.
Added by Acts 1968, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:321. Stations; naming

RS 45:321 - Stations; naming
The Louisiana Public Service Commission shall govern, regulate and control the naming of railroad stations in Louisiana, by adopting, establishing or changing the name of any railroad flag station or agency station now in existence, or which may hereafter be established by any person, operating a railroad in the state, or which may be established by an order of the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:322. Copies of railroad's books and records as evidence

RS 45:322 - Copies of railroad's books and records as evidence
Copies of all books and records kept by the several railroad companies in Louisiana, including extracts from the stock books and minutes of the proceedings of the directors, certified by the secretaries of said companies, under the seal of the company, shall be received in all the courts of Louisiana as evidence in place of the originals.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:324. Railroads, tramroads, dirt or plank roads not to obstruct highways or impede drainage or navigation

RS 45:324 - Railroads, tramroads, dirt or plank roads not to obstruct highways or impede drainage or navigation
Where railroads, tramroads, dirt or plank roads cross any highway, the corporation shall so construct the works as not to hinder, impede or obstruct its safe and convenient use. Wherever railroads, tramroads, dirt or plank roads shall be constructed or dug across any plantation or land in cultivation, or that may be cultivated the corporation shall so construct the work as not to hinder, impede or obstruct the drainage of the land. Should any railroad, tramroad, dirt or plank road cross any tide waters, lakes, inlets, rivers or streams, or other bodies of water, the company may erect for the sole and exclusive use of such railroad, tramroad, dirt or plank road, the bridges required for crossing, but such bridges shall be so constructed as not to obstruct or unnecessarily impede the navigation of said waters.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:351. Right of way over state land

RS 45:351 - Right of way over state land
Any person, desiring to build or extend a railroad in Louisiana, shall have the right of way, not exceeding two hundred feet in width, over any land belonging to the state, through which such road, or any branch, tap or extension thereof may pass, for the purpose of constructing, maintaining and running any railroad or any tap, branch or extension.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:353. Foreign corporations; expropriation

RS 45:353 - Foreign corporations; expropriation
Foreign railway companies extending, constructing and operating their lines of railroad into and through Louisiana may expropriate land and other property for their railroad, right of way, switches, sidings, branches, spurs, depots, and depot grounds, yards, and any land and property for railroad purposes, in the manner provided by the expropriation laws of the state.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:354. Foreign corporations operating in state to be subject to its jurisdiction

RS 45:354 - Foreign corporations operating in state to be subject to its jurisdiction
Railroad companies or corporations availing themselves of the provisions of R.S. 45:352 and 45:353 shall maintain a domicile, and main and general offices in Louisiana, and are subject to the control and regulations of the laws of Louisiana and the Louisiana Public Service Commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:355. Repair of cars in state; penalty

RS 45:355 - Repair of cars in state; penalty
All railway or railroad corporations operating in Louisiana, and having their repair shops within the state, as a condition precedent to exercising the right of expropriation, shall repair, renovate or rebuild in Louisiana any and all defective or broken cars, coaches, locomotives or other equipment, owned or leased by the corporation when such rolling stock is within the state. Railroads shall maintain proper facilities in Louisiana to do such work.
Nothing in this Section shall be construed to require any railway company to violate the safety appliance acts of Congress, and no railway company shall be required to haul such disabled equipment a greater distance for repairs to a point in Louisiana than would be necessary to reach repair shops in another state.
The provisions of this Section also apply to lessees, receivers, superintendents or agents.
Whoever violates this Section shall be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than three months, or both.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:356. Crossing other railroads with industrial switch or spur track; expropriation

RS 45:356 - Crossing other railroads with industrial switch or spur track; expropriation
Whenever any person owning or operating a railroad in Louisiana, desires to extend, construct, maintain and operate an industrial switch track or spur track across the side tracks, switch tracks, spur tracks or main line of any other railroad operated in Louisiana, it may intersect and cross, with such industrial switch track or spur track, the main line, side tracks, switch tracks or spur tracks of the railroad which it desires to cross, and may expropriate such land and other property, including the land and property of the railroad it desires to cross, as may be necessary for the purpose, in the manner provided by the general expropriation laws of this state.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:357. Public service commission's power to order construction of industrial switch or spur tracks

RS 45:357 - Public service commission's power to order construction of industrial switch or spur tracks
Whenever the owner of any manufacturing establishment, industrial plant, warehouse, or when the governing authority of any municipality desires to have constructed an industrial switch as provided for in R.S. 45:356, such owner or the governing authority of the municipality, upon the failure or refusal of the railroad company having the right to build such switch to build same when requested, has the right to apply to the Louisiana Public Service Commission and the commission has authority to hear and determine the matter and require the railroad company to construct such industrial switch or spur tracks.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:381. Mortgages; power of company generally; property covered

RS 45:381 - Mortgages; power of company generally; property covered
Any railroad company established under the laws of Louisiana in order to secure the payment of any obligation contracted by it for the construction of the road, may mortgage their road, in whole or in part; and this mortgage, if given on the entire road, shall bear upon the entire road although it is not completed at the time the mortgage was executed; and this mortgage may also be executed to bind the appurtenances of the road, its warehouses, depots, water stations, locomotives, and the like.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:382. Mortgages to secure own bonds

RS 45:382 - Mortgages to secure own bonds
Any railroad corporation doing business, or owning property in Louisiana, may mortgage its property and franchises, whether then owned or to be acquired, in whole or in part, to secure bonds issued by it, to refund or pay its indebtedness, or to improve or develop its properties, or for any purpose authorized by its incorporation. The company issuing the bonds shall determine the amounts, the length of time to run, whether to be payable within or without this state, and the rate of interest, not to exceed the legal rate at the place of payment.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:383. Mortgages to secure another railroad's bonds

RS 45:383 - Mortgages to secure another railroad's bonds
Any railroad company doing business or owning property in Louisiana, may mortgage its property and franchises, whether then owned or to be acquired, in whole or in part, to secure bonds issued by any other railroad corporation of this or any other state. These bonds shall be issued to refund or secure the means to pay, or the proceeds of which shall be, or have been used to pay, the indebtedness of the mortgage corporations, or to improve or develop its property, or for any purpose authorized by its incorporation. The corporation issuing the bonds shall determine the amounts, the length of time, whether payable within or without Louisiana, and the rate of interest, not to exceed the legal rate at the place of payment.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:384. Record of mortgages generally

RS 45:384 - Record of mortgages generally
A mortgage made by any of the companies shall bind the road, its warehouses, depots, water stations, locomotives, and other appurtenances in the several parishes by the recordation of an abstract of the mortgage showing the book number, volume number, dates, amounts of mortgage, parties to the mortgage and all other necessary information relative to the mortgage, in each parish. This mortgage shall be recorded in the parish where the company has its domicile or principal office and said mortgage need not be reinscribed to continue it in force.
Amended by Acts 1977, No. 98, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:385. Conversion of principal due on bonds into stock

RS 45:385 - Conversion of principal due on bonds into stock
The president and directors of any company may confer on the holder of any bonds issued for money for the use of the company the right to convert the principal due into the stock of the company at any time, not exceeding ten years from the date of the bonds, under such regulations as the president and directors may adopt, but nothing in this Section shall be construed to authorize an increase in the capital stock of any railroad company.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:386. Foreclosure of mortgages; powers and rights of purchasers

RS 45:386 - Foreclosure of mortgages; powers and rights of purchasers
Whenever any railroad company, incorporated under the laws of this state or any other state, mortgages its franchise, roadbed, superstructure, and other property, and the mortgage is foreclosed in a court of this state or in a federal court, the purchaser at the foreclosure sale has the same right to operate the railroads as the mortgagee company. The purchaser also has the same rights, franchises, privileges, and immunities pertaining to the property or franchises as the mortgagee company had by virtue of its articles of incorporation or any law of this state.
However, the purchaser shall not have such rights to operate nor any of the rights, franchises, privileges, and immunities pertaining to the property or franchises, unless the purchaser agrees to take and hold such property and franchises subject to the payment of all subsisting liabilities and claims for labor, supplies, and materials furnished in the construction, maintenance, and repair of the railroad and appurtenances covered by the mortgage, if such claims and liabilities accrued within two years prior to the beginning of the receivership resulting in the sale of the property and franchises, or within two years prior to the sale, if the property and franchises are not sold under receivership proceedings. But, if suit is pending on these claims and liabilities when the receiver was appointed or the sale made, the claims and liabilities upon which suits were pending are protected as though accruing within two years.
Such agreement by the purchaser shall be evidenced by an instrument in writing, signed and acknowledged by the purchaser and associates, if any, and the company organized by them, and filed in the office of the Secretary of State.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:387. Foreclosure of mortgages; new corporation, power to organize

RS 45:387 - Foreclosure of mortgages; new corporation, power to organize
The purchasers of the railroad, its property, or franchises, as set forth in R.S. 45:386, may fix the amount of capital stock representing the property bought, and divide the same into shares of one hundred dollars each, each share being entitled to one vote. The holders of the stock may meet, adopt a name for the company, and elect a board of directors of a number as they may see fit, but not less than six, one of whom resides in Louisiana. The board of directors may elect a president and other officers they deem expedient for the proper management of the property, fix their duties, terms of office and compensation, and adopt by-laws. However, such purchasers shall not have the rights conferred by this Section unless they and the company which they organize shall comply with the provisions of R.S. 45:386.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:388. Foreclosure of mortgages; certificate of organization of new corporation; powers of new corporation

RS 45:388 - Foreclosure of mortgages; certificate of organization of new corporation; powers of new corporation
Upon compliance with R.S. 45:386 and 45:387, and upon the board of directors filing with the Secretary of State a statement, signed by those directors, showing the name of the corporation, amount of capital stock, shares into which the same is divided, number and residence of board of directors, where the road is situated, and the name under which it was previously incorporated and known, the Secretary of State shall certify the fact of filing, and the company, upon filing such statement of the board, shall be a body corporate, under the name chosen with all the rights, powers, privileges, immunities, and franchises granted to the mortgagee company in as full a manner as if the new company were incorporated in the very words of R.S. 45:386 through 45:390, the new company may borrow money for the purpose of its incorporation, issue its bonds and execute a mortgage on all or any of its rights, franchises, privileges, immunities or property to secure the bonds. But such mortgage shall be subject to the liability of the property of the railroad for the claims for labor, supplies and material, as provided in R.S. 45:386.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:389. Foreclosure of mortgages; principal office of new corporation

RS 45:389 - Foreclosure of mortgages; principal office of new corporation
The principal office of the company, formed under R.S. 45:387 and 45:388, and branch offices, may be established at a place in or out of Louisiana as the board of directors may determine, for the convenient transaction of business, and meetings held there and resolutions adopted are lawful and binding. However, an office shall be maintained in Louisiana, where citation may be served, and the company shall always be represented at that office by an officer, agent or employee, upon whom service can be made.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:390. Foreclosure of mortgages; prior liens; restrictions on purchasers

RS 45:390 - Foreclosure of mortgages; prior liens; restrictions on purchasers
Nothing contained in R.S. 45:386 through 45:389 shall be construed so as to interfere in any manner with valid prior mortgages, if any, upon the property, rights, franchises, or privileges of the road sold. In no case shall the purchaser at any mortgage or foreclosure sale have any of the rights conferred by R.S. 45:386 through 45:389, regardless of the date of the mortgage under which the sale is made, unless the purchasers comply with R.S. 45:386.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:451. Duty to relieve obstruction to natural drainage

RS 45:451 - Duty to relieve obstruction to natural drainage
All railway companies operating a line or system of railroads in Louisiana shall drain all railroad roadbeds which obstruct or in any manner retard or interfere with the natural drainage of any land, farm or plantation traversed by the line or system of railroads, by constructing and maintaining ditches, culverts, or drains under their roadbed or under the crossings over their roadbed on their right of way, either parallel to or at angles with their roadbeds or crossings, of sufficient width, depth and capacity to carry off water rapidly. These railway companies shall do all things necessary to relieve such obstructed natural drainage.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:452. Failure to relieve obstruction; landowner's right to do necessary work; committee to determine what work necessary

RS 45:452 - Failure to relieve obstruction; landowner's right to do necessary work; committee to determine what work necessary
If any railway company operating a line or system of railroads in this state shall fail to act promptly to construct, open or maintain ditches, drains, or culverts, or crossings, as mentioned in R.S. 45:451, the owner of the land, farm, plantation, or improvements constructed or to be constructed on his land, which may be injured by the failure or neglect of a railway company to relieve promptly the obstructed natural drainage under its roadbed, or on its right of way, may do the necessary work to protect from injury or destruction his land, improvements, or growing crops on the land, farm or plantation, and collect the cost of this work from the railway company along whose line, system, or right of way the work is done in the manner provided in this Part. In any case where the railway company refuses or neglects to do such work as may be necessary to relieve obstructed natural drainage on its roadbed or right of way, the owner of the land, such improvements, farm, or plantation which may be injured by such failure or neglect, shall first notify in writing the agent of the railway company of the work necessary to be done and the approximate cost. If the railway company fails, neglects, or refuses within thirty days after this notice, to do the work, the owner of the land, farm, or plantation, or his authorized agent, together with an authorized representative of the railway company and a third disinterested party, selected by these parties, shall form a committee who shall meet promptly and determine what work is necessary to relieve the obstructed natural drainage and maintain proper drainage. The owner of the land, farm or plantation, or his authorized agent, may then proceed to do the necessary work as approved by this committee of arbitration, keeping an accurate account of the costs. This Section shall not apply to any new culvert or drain to be constructed under or along the railroad roadbed.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:453. Account of work done; payment

RS 45:453 - Account of work done; payment
Where it is necessary for the owner of the land, farm or plantation to do the work necessary to relieve obstructed natural drainage and maintain proper natural drainage in accordance with the formalities set forth in R.S. 45:452, such owner or his duly authorized agent shall present to the railway company's duly authorized agent an itemized account of the expenses of the work, accompanied by an affidavit of its correctness, and the railway company, or its receiver, shall within thirty days from presentation of such account pay the same.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:454. Action for cost of work; attorney's fee; damages

RS 45:454 - Action for cost of work; attorney's fee; damages
If the railway company or its receiver fails to pay the account within thirty days after presentation, as provided in R.S. 45:453, the owner of the land, farm, or plantation at whose expense the work has been done, has a right of action to recover the amount he has expended for the actual cost of doing the work, and in addition to the amount recovered in a judgment, shall receive an attorney's fee not exceeding fifteen per cent, and damages suffered by the refusal or neglect of the railway company to do the work.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:455. Railroad company's failure to furnish representative as member of committee

RS 45:455 - Railroad company's failure to furnish representative as member of committee
If the railway company refuses to furnish a representative within ten days after written notice to meet with the representative of the owner of the land, farm, or plantation and select the third disinterested party as provided for in R.S. 45:452, to examine and decide upon the contemplated work, the owner of the land, farm, or plantation may proceed to do the work and render an itemized sworn statement of the actual cost to the railway company, and the railway company shall pay the account within thirty days.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:456. Violation of law; exceptions

RS 45:456 - Violation of law; exceptions
Any railway company violating R.S. 45:455 shall be fined not less than fifty dollars, nor more than five hundred dollars.
This Section shall not be effective in case of strikes, governmental regulation or causes beyond the reasonable control of the railroad company.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:457. Railroad company required to provide drainage in municipalities and parishes

RS 45:457 - Railroad company required to provide drainage in municipalities and parishes
Whenever any parish or municipal body or department having jurisdiction or control over drainage in any parish or municipality determines that any roadbed of any railway company, operating a line or system of railroads in this state, is obstructing, retarding, or interfering with the proper natural drainage of any area or land within its parish or municipality traversed by the line or system of railroads, the railway company shall drain such roadbed, by constructing and maintaining ditches, culverts, or drains under their roadbed or under the crossings over their roadbed on their right of way, either parallel to or at angles with their roadbeds or crossings, of sufficient width, depth, and capacity to carry off water rapidly, and in such a manner as the railway company may be notified to do by the parish or municipal body or department. The railway companies shall do all things necessary to relieve such obstructed natural drainage without delay whenever so notified. The provisions of this Part relating to the rights of the owner of the land, improvements constructed or to be constructed thereon, farm, or plantation shall apply to and in favor of any parish or municipal body or department covered by this Section.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:458. Additional remedies

RS 45:458 - Additional remedies
In addition to the rights and remedies granted by this Part, the owner of the land, farm or plantation, or the parish or municipal body or department, who may be injured by the failure or refusal of a railroad company to comply with the terms and provisions of this Part, has a right of action for specific performance, for mandatory injunction, or other appropriate legal writ or remedy, to compel the relief contemplated by this Part and the removal of any obstruction to or interference with the natural drainage.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:481. Animals, water for in stock yards or pens; application of Section

RS 45:481 - Animals, water for in stock yards or pens; application of Section
The carriers of cattle, horses, mules, sheep, swine and goats brought or transported between points within the state, and intended for breeding purposes or domestic or agricultural use in Louisiana, shall provide railroad stock yards or pens for loading and unloading stock, and have an adequate water-supply system, which shall be continually accessible to all stock unloaded or to be loaded on railroads or steamboats.
The provisions of this Section apply to all stock yards, receiving pens, and places where such animals are kept for sale.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:482. Cleanliness of stock yards, pens, etc.

RS 45:482 - Cleanliness of stock yards, pens, etc.
The owners or lessees of all stock yards, loading and unloading pens and places referred to in R.S. 45:481, shall maintain these places in a clean and sanitary condition.