40-337. Power of commission over railway
crossings
A. No public highway or street shall be constructed across the track of any
railroad at grade, nor shall the track of any railroad corporation be constructed across
the track of any other railroad at grade, without the permission of the commission, but
this provision shall not apply to the replacement of lawfully existing tracks. The
commission may refuse permission or grant it upon such terms and conditions as it
prescribes.
B. The commission shall have the exclusive power:
1. To determine and prescribe the manner, including the particular point of
crossing, and the terms of installation, operation, maintenance, use and protection of
each of the crossings.
2. To alter or abolish crossings.
3. To prescribe the terms upon which and the proportions in which the expense of
the alteration or abolition of the crossing shall be divided between the parties affected
or in interest.
C. When the commission finds that public convenience and necessity demands
establishment, creation or construction of a crossing of a street or highway over, under
or upon the tracks or lines of any public service corporation, the commission may by
order require the establishment, construction or creation of the crossing, and the
crossing shall thereupon become a public crossing. The commission shall have the
exclusive power to prescribe the character of crossings to be constructed and maintained
by railroads where their lines cross public roads or streets of a town or city.
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