2023 New York Laws › RRD - Railroad › Article 3 - Construction, Operation and Management › 52 - Fences, Farm Crossings and Cattle-Guards.

§  52.  Fences,  farm  crossings  and  cattle-guards.  Every  railroad
  corporation, and any lessee or other person in possession of  its  road,
  shall,  before  the lines of its road are opened for use, and so soon as
  it has acquired the right of way for its roadway, erect  and  thereafter
  maintain  fences  on  the  sides  of  its  road  of  height and strength
  sufficient to prevent cattle, horses, sheep and hogs from going upon its
  road from the adjacent lands, with  farm  crossings  and  openings  with
  gates  therein  at  such farm crossings whenever and wherever reasonably
  necessary for the use of the  owners  and  occupants  of  the  adjoining
  lands,  and  shall  construct  where  not  already  done,  and hereafter
  maintain, cattle-guards at all road crossings, suitable  and  sufficient
  to  prevent cattle, horses, sheep and hogs from going upon its railroad.
  So long as such fences and cattle-guards are not made,  or  are  not  in
  good  repair,  the corporation, its lessee or other person in possession
  of its road, shall be liable for all damages done  by  their  agents  or
  engines  or  cars to any domestic animals thereon. When made and in good
  repair,  they  shall  not  be  liable  for  any  such  damages,   unless
  negligently  or  wilfully  done.  A  sufficient  post  and wire fence of
  requisite height shall be deemed a lawful fence within the provisions of
  this section, but barbed wire shall not be used in its construction.
No railroad need be fenced, when  not  necessary  to  prevent  horses,
  cattle,  sheep  and  hogs  from  going upon its track from the adjoining
  lands. Every adjoining land owner, who, or whose grantor,  has  received
  compensation  for fencing the line of land taken for a railroad, and has
  agreed to build and maintain a lawful fence along such line, shall build
  and maintain such fence. If such owner, his heir  or  assign  shall  not
  build such fence, or if built, shall neglect to maintain the same during
  the  period  of  thirty  days after he has been notified so to do by the
  railroad  corporation,  such  corporation  shall  thereafter  build  and
  maintain  such  fence, and may recover of the person neglecting to build
  and maintain it the expense thereof. And when such railroad shall  cross
  timbered  or  forest  lands,  the  company  shall construct and maintain
  suitable and sufficient  crossings,  whenever  and  wherever  reasonably
  necessary  to  enable  the  respective owners of said lands to transport
  logs, timber and lumber for manufacture or sale, or for banking  on  any
  stream, to be floated or driven down the same. In case of any neglect or
  dispute   the  supreme  court  may  by  mandamus  or  other  appropriate
  proceedings, compel the same, and also fix the point or location of  any
  such crossing.
As used in this section, the term "farm crossings" shall mean at-grade
  rail  crossings  that  are  utilized  primarily  as  access  to and from
  adjoining property which is actively used for  farming  or  agricultural
  purposes by the owner or by the tenant of such property.