Statutes, codes, and regulations
Wyoming Administrative Code
Agency 045 - Transportation, Dept. ofSubagency 0008 - Railroad and Transportation Tariffs Section
Chapter 3 - FIREGUARDS, FENCING OF RAILROAD PROPERTY AND CLAIMS FOR INJURY TO LIVESTOCK
Section 3-6 - Claims for Injury to Livestock

045-3 Wyo. Code R. § 3-6

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Current through April 27, 2019
Section 3-6 - Claims for Injury to Livestock

(See W.S. 37-9-306 throughW.S. W.S. W.S. 37-9-309.)

(a) Any railroad, its agents, servants, or employees who injure, maim, or kill any livestock within the railroad's rights-of-way shall notify immediately one of the following individuals:

  • (i) The livestock owner or owners,
  • (ii) The brand inspector, or
  • (iii) The WYDOT Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859 ).

(b) Information concerning the county, date and time, milepost, direction of travel, engine number, number of injured or killed livestock, and the classes and breeds (if known) shall be noted and reported to the individual or agency contacted from the preceding list.

(c) The individual or inspector making the incident report in the county of occurrence shall also notify WYDOT immediately by calling the Utilities and Railroads Section at 307-777-4859 with the following information:

  • (i) The name of the inspector notified;
  • (ii) The county where the incident occurred;
  • (iii) The railroad company and engine number (if known);
  • (iv) The railroad milepost number or other location identifier;
  • (v) The direction of travel for the train and the approximate time of occurrence;
  • (vi) The number of livestock injured or killed; and
  • (vii) The species of livestock (if known).

(d) When notified by the inspector or the railroad, the Department shall immediately attempt to notify the livestock owner by any practical means including telephone and mail. The Department shall provide a claim form and contact information for the appropriate railroad company.

(e) Within 30 days of being notified of the injured or killed livestock, the owner shall file a claim form indicating the value of the livestock in accordance with W.S. W.S. W.S. 37-9-308. Forms are available from the railroad company or the WYDOT Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859 ). In addition to keeping one copy for his or her personal records, the owner of the injured or killed livestock shall distribute the railroad claim form in the following manner:

  • (i) The original of the form shall be sent to the railroad company, and
  • (ii) A copy shall be sent to the Wyoming Department of Transportation Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340.

(f) Within 30 days of notification from the owner or owners, the railroad shall comply with W.S. W.S. W.S. 37-9-307.

(g) Payment shall comply with W.S. W.S. W.S. 37-9-309.

(h) Notification of payment or settlement shall be sent to the Department. The value of the payment or settlement is not required on the notification sent to the Department.

045-3 Wyo. Code R. § 3-6