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Louisiana Revised Statutes & Codes

La. Rev. Stat. § 45:323 (2026)

Streets; pavement and repair of

✓ current as of May 2026
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§323. Streets; pavement and repair of

           A. All railroads, except those owned and operated by a political corporation, railways and street railway companies in any subdivision of the state, whose tracks are laid on or across the public street of any municipality, shall keep in good condition and suitable for vehicular traffic that portion of the street lying between the rails of the tracks of such railroad and railways, and for a distance of two feet on the outside of each rail of the tracks used or operated by them, together with the necessary headers; and when the street is paved, whether before or after the tracks are laid, they shall pave, repave, repair, and keep in good condition and suitable for vehicular traffic that portion of the public street lying between the rails of the tracks used by such railroad or railways, and for a distance of two feet on the outside of each rail of the tracks used or operated by them, with such character or kind of paving, together with the necessary headers, as may, from time to time, be designated by the governing body of the municipality. If the ties of any track shall extend for a greater distance than two feet on the outside of the rails, the duty and obligation of the railroads or railways to pave, repave, repair, and keep in good condition said pavement, shall extend to the ends of the ties. In addition the railroad or railways shall in all cases install and maintain the necessary headers to separate that portion of the public street to be paved, repaved, repaired, and maintained by them from the other portions of the public street.

           B. If any railroad, except those owned and operated by a political corporation or railway shall have two or more tracks laid on or across the streets of any municipality, and the distance between the centers of any two parallel and adjacent tracks shall exceed fourteen feet, the paving, repaving, repair, and maintenance of the street between any two parallel and adjacent tracks, lying between the two foot limit on the outside of the rails of the tracks shall be at the cost of the property owners along the street, and on the intersecting streets, or the municipality, as the case may be provided for by existing laws, and prorated as provided for in those laws.

           C. If any railroads, except those owned and operated by a political corporation or railway shall have two or more tracks laid on or across the streets of any municipality, and the distance between the centers of any two parallel and adjacent tracks shall be fourteen feet or less, the paving, repaving, repair, and maintenance of the street between any two parallel and adjacent tracks lying between the two foot limit on the outside of the rails of said tracks shall be at the cost of railroads and railways.

           D. All railroads, except those owned and operated by a political corporation, railways and street railway companies in any incorporated municipality within the state, shall comply with the provisions, rules and regulations of the governing body of such municipality concerning the cutting of grass and weeds on rights of way within the incorporated limits of a municipality and extending three miles outside the incorporated limits.

           Amended by Acts 1981, No. 578, §1.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1967–2026 · leading case: Gauthier v. Union Pac. R.R., 644 F. Supp. 2d 824 (E.D. Tex. 2009).
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Gauthier v. Union Pac. R.R., 644 F. Supp. 2d 824 (E.D. Tex. 2009). · cites it 3× “R.S. 45:323 provides, in relevant part, that “all railroads, except those owned and operated by a political corporation, railways and street railway companies in any subdivision of the state, whose tracks are laid on or across the public street of any municipality, shall keep in…”
Shaffer v. Illinois Cent. Gulf R.R. Co., 479 So. 2d 927 (La. Ct. App. 1985). · cites it 8× “Defendant argues the inapplicability of LSA-R.S. 45:323 because this record shows that its tracks were laid across a State highway, not a municipal street; that LSA-R.”
SUCCESSION OF THEROIT v. S. Pac. Transp. Co., 560 So. 2d 861 (La. Ct. App. 1990). “LSA R.S. 45:323(A). While there may have been minor bumps and rough spots on and just outside of the tracks, this court finds that they were not of such severity as to constitute a breach of the railroad company's duty to maintain the track, nor were they of such magnitude as to…”
Bardfield v. New Orleans Pub. Belt RR, 371 So. 2d 783 (La. 1979). “R.S. 45:323, the immediately preceding statutory section, imposes a strict responsibility upon railroads to maintain for safe traffic any crossings of municipal streets.”
Dehart v. Burlington N. & Santa Fe R.R., 860 So. 2d 248 (La. Ct. App. 2003). “Under LSA-R.S. 45:323, and as testified to by Mr.”
Bangs v. City of New Orleans ex rel. Dep't of Streets, Div. of Traffic Eng'g, 196 So. 2d 324 (La. Ct. App. 1967). · cites it 2× “” ' LSA-R.S. 45:323 provides in part as follows: “All steam railroads * * * whose tracks are laid on or across the public street of any municipality, shall keep in good condition and suitable for vehicular traffic that portion of the street lying between the rails of the tracks…”
Bardfield v. New Orleans Pub. Belt R.R., 363 So. 2d 1297 (La. Ct. App. 1978). · cites it 2× “As for Public Belt, we have considered if LSA-R.S. 45:323 and 324 are applicable. Assuming that the road in question is a public street, R.”
Theopholia Thomas v. Bnsf Ry. Co. (La. 2026). “R.S. 45:323. 4 crossing and used it regularly.”
Berry v. Kansas City S. Ry. Co., 539 So. 2d 773 (La. Ct. App. 1989). “R.S. 45:323 and goes hand-in-hand with the duty to warn of any ongoing maintenance projects.”
— La. Rev. Stat. § 45:323(A) — 2 cases
Shaffer v. Illinois Cent. Gulf R.R. Co., 479 So. 2d 927 (La. Ct. App. 1985). “Defendant argues the inapplicability of LSA-R.S. 45:323 because this record shows that its tracks were laid across a State highway, not a municipal street; that LSA-R.”
SUCCESSION OF THEROIT v. S. Pac. Transp. Co., 560 So. 2d 861 (La. Ct. App. 1990). “LSA R.S. 45:323(A). While there may have been minor bumps and rough spots on and just outside of the tracks, this court finds that they were not of such severity as to constitute a breach of the railroad company's duty to maintain the track, nor were they of such magnitude as to…”
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