❌ SB316
Regards local government authority over railroad's right-of-way
Summary
The bill grants specified local governments the authority to unilaterally approve encroachments on railroad companies' right-of-way for utility work that serves health, safety, or public benefit. Utility providers can apply for permission from local legislative authorities or county boards instead of obtaining permission from the railroad companies. Reasonable notice must be given to affected railroad companies before permission is granted.
Rationale
The bill introduces a level of government intervention in property rights by allowing local governments to approve encroachments without the railroad companies' consent, which conflicts with the Libertarian principles of property rights and minimal government interference. Both LP and LPO platforms emphasize the importance of property rights and oppose government actions that infringe upon them.
Risks and Concerns
- Potential for increased government control over property rights
- Encourages cronyism by allowing local governments to favor certain utility providers
- May lead to disputes between utility providers and railroad companies