178.375 Appeals to Circuit Court from final orders of fiscal court. (1) Any railroad company dissatisfied with a final order of the fiscal court directing the elimination of any existing grade crossing or change of existing overhead or <br>underpass structure under KRS 178.355, or a final order in respect of a new <br>crossing under KRS 178.360, may, within twenty (20) days after receipt by the <br>railroad company of a copy of the order, attested by the clerk of the fiscal court, file <br>in the clerk's office of the Circuit Court of the county, together with a statement of <br>the reasons why the order should not be enforced. On the filing of a copy of the <br>order and the statement, the circuit clerk shall issue summons thereon in the same <br>manner as summons is issued in equity actions in the Circuit Court. The trial of all <br>appeals under this section shall be by a chancellor, and the evidence shall be taken <br>by depositions or as the Circuit Court may direct. (2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards hereinbefore prescribed, a grade separation or change in an existing <br>overhead or underpass structure is reasonably necessary for the public safety, <br>whether the plans and specifications prescribed by such order make reasonably <br>adequate provision for present and future safety and convenience of highway traffic <br>and present and future safety of operation of trains of the railroad company, its <br>employees and passengers, and for future development of highway and railroad <br>facilities. (3) Upon submission of the case, the Circuit Court shall embody its findings and conclusions of law in a final judgment, which may enjoin the fiscal court from <br>enforcing its order, or direct the railroad company to proceed with the work in <br>accordance with the order of the fiscal court, or in accordance with other plans and <br>specifications prescribed by the court, or direct the fiscal court to proceed with the <br>work in accordance with plans and specifications prescribed by the court. History: Amended 1976 Ky. Acts ch. 62, sec. 95. -- Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.
178.375 Appeals to Circuit Court from final orders of fiscal court. (1) Any railroad company dissatisfied with a final order of the fiscal court directing the elimination of any existing grade crossing or change of existing overhead or <br>underpass structure under KRS 178.355, or a final order in respect of a new <br>crossing under KRS 178.360, may, within twenty (20) days after receipt by the <br>railroad company of a copy of the order, attested by the clerk of the fiscal court, file <br>in the clerk's office of the Circuit Court of the county, together with a statement of <br>the reasons why the order should not be enforced. On the filing of a copy of the <br>order and the statement, the circuit clerk shall issue summons thereon in the same <br>manner as summons is issued in equity actions in the Circuit Court. The trial of all <br>appeals under this section shall be by a chancellor, and the evidence shall be taken <br>by depositions or as the Circuit Court may direct. (2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards hereinbefore prescribed, a grade separation or change in an existing <br>overhead or underpass structure is reasonably necessary for the public safety, <br>whether the plans and specifications prescribed by such order make reasonably <br>adequate provision for present and future safety and convenience of highway traffic <br>and present and future safety of operation of trains of the railroad company, its <br>employees and passengers, and for future development of highway and railroad <br>facilities. (3) Upon submission of the case, the Circuit Court shall embody its findings and conclusions of law in a final judgment, which may enjoin the fiscal court from <br>enforcing its order, or direct the railroad company to proceed with the work in <br>accordance with the order of the fiscal court, or in accordance with other plans and <br>specifications prescribed by the court, or direct the fiscal court to proceed with the <br>work in accordance with plans and specifications prescribed by the court. History: Amended 1976 Ky. Acts ch. 62, sec. 95. -- Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.
178.375 Appeals to Circuit Court from final orders of fiscal court. (1) Any railroad company dissatisfied with a final order of the fiscal court directing the elimination of any existing grade crossing or change of existing overhead or <br>underpass structure under KRS 178.355, or a final order in respect of a new <br>crossing under KRS 178.360, may, within twenty (20) days after receipt by the <br>railroad company of a copy of the order, attested by the clerk of the fiscal court, file <br>in the clerk's office of the Circuit Court of the county, together with a statement of <br>the reasons why the order should not be enforced. On the filing of a copy of the <br>order and the statement, the circuit clerk shall issue summons thereon in the same <br>manner as summons is issued in equity actions in the Circuit Court. The trial of all <br>appeals under this section shall be by a chancellor, and the evidence shall be taken <br>by depositions or as the Circuit Court may direct. (2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards hereinbefore prescribed, a grade separation or change in an existing <br>overhead or underpass structure is reasonably necessary for the public safety, <br>whether the plans and specifications prescribed by such order make reasonably <br>adequate provision for present and future safety and convenience of highway traffic <br>and present and future safety of operation of trains of the railroad company, its <br>employees and passengers, and for future development of highway and railroad <br>facilities. (3) Upon submission of the case, the Circuit Court shall embody its findings and conclusions of law in a final judgment, which may enjoin the fiscal court from <br>enforcing its order, or direct the railroad company to proceed with the work in <br>accordance with the order of the fiscal court, or in accordance with other plans and <br>specifications prescribed by the court, or direct the fiscal court to proceed with the <br>work in accordance with plans and specifications prescribed by the court. History: Amended 1976 Ky. Acts ch. 62, sec. 95. -- Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.
