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House approves railroad property amendment after hours of debate on liability and public crossings
Summary
The House passed H.B. 69, extending liability protections to railroad property with amendments; floor debate centered on whether the bill removes railroad duty of care, effects on private crossings and the legal concept of 'attractive nuisance.' The final tally was 53–18 in favor.
SALT LAKE CITY — The Utah House passed House Bill 69 on Feb. 24 after extended debate over railroad liability and the scope of exemptions the bill would create for private and public crossings.
Proponents described H.B. 69 as aligning a railroad’s duty and property protections with those of other private landowners. Sponsor Representative Brown argued the bill allows the railroad the same consideration private property owners receive and includes exemptions and amendments intended to preserve county surveyors’ access and certain public‑crossing responsibilities. "What this bill is plainly and simply a bill to grant the right of private property," Brown said in introducing the measure.
Opponents warned the measure could create litigation risks and remove accountability for hazardous conditions. Representative Hendrickson, Representative Matthews (who declared a conflict of interest noting he works for a railroad), and others raised the doctrine of "attractive nuisance," arguing railroads and tracks are inherently dangerous and should retain duties to protect the public. Representative Matthews said the bill could leave residents exposed if crossings were removed or left unsafe.
Floor amendments were extensively debated. Lawmakers moved several pink‑sheet amendments to insert clarifying sections, preserve public‑crossing protections and address county surveyors’ access; some amendments were adopted, while others failed or were modified. After cutting off further debate, the House voted and recorded the bill's passage (53 yes, 18 no) and will transmit the measure to the Senate for its consideration.
What’s next: The Senate will receive H.B. 69 for its consideration. Given the length and scope of the floor debate, interested parties and county officials may monitor conference or committee action as the bill advances.
