Legal Question in Environmental Law in Illinois

The Railroad has an easement or right of way along my Son's property. It is an 8 acre track of good farm land in Illinois. The Railroad is doing a project to drain water along the edge of the track. They have dug a 8 ft basin and made 25 to 30 ft steep slope , steeper than a 1 to 1 slope all along the field edge. It is very dangerous for anyone to walk along that edge. If would be death to anyone especially children. Does the railroad have any responsibility to put up a high fence rather than shifting liability burden to the landowner? Any help or direction would be appreciated.


Asked on 11/01/11, 4:36 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Reference would need to be made to the easement agreement, but, generally, I would say the railroad should not be able to create a hazardous condition.

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Answered on 11/02/11, 2:12 pm


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