Minnesota § 219.33 - FENCE, CROSSING, CATTLE GUARD; LANDOWNER RECOURSE
Full text of Minnesota Minnesota Statutes § 219.33 — FENCE, CROSSING, CATTLE GUARD; LANDOWNER RECOURSE, with citation guidance and answers to common questions.
§ 219.33. FENCE, CROSSING, CATTLE GUARD; LANDOWNER RECOURSE
Subdivision 1.Liability.
A railroad company operating a line of railroad in this state, which has failed or neglected to fence the road and to erect crossings and cattle guards, is liable for all damages sustained by a person as a consequence of that failure or neglect.
Subd. 2.Measure of damages.
The measure of damages for failure to construct or maintain a fence is as follows: the owner of land abutting on the line of railway of the railroad company may serve notice on any of its station agents between April 1 and October 1 of any year, requiring the construction of a fence on the line between the person's land and the company's right-of-way. If the company does not construct the fence within 40 days after service of the notice, the landowner may recover from the company an amount not exceeding twice the cost of construction, with costs and reasonable attorney's fee, to be allowed by the court, or the landowner may construct the fence after the expiration of that time and receive from the company double the cost of construction, with like costs and attorney's fee.
Subd. 3.Duty to maintain.
The fence must be kept in repair by the railroad company in like manner and under like penalties as if built by the company.
Subd. 4.Failure to serve notice.
Failure to serve notice does not relieve the railroad company from liability for damages for injuries to persons or domestic animals or other property, resulting from failure to fence its road.
History:
(4746) RL s 1999; 1985 c 265 art 4 s 1
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 219.33
What does Minnesota Statutes § 219.33 cover?
Section 219.33 ("FENCE, CROSSING, CATTLE GUARD; LANDOWNER RECOURSE") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 219.33?
A common citation format is "Minnesota Statutes § 219.33" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 219.33 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.