68-509.Elimination of grade crossings; division of costs between railroadand county; eminent domain; publication notice; appeal from award; warning signals.The county engineer and board of countycommissioners, in designating the county road system, shall eliminate allsteam or electric road grade crossings and all other dangerous places onthe highways so far as practicable, by paralleling such steam orelectric roads, constructing undergrade or overhead crossings,relocating the highways or using such other means as may benecessary to properly safeguard the traveling public. The expense of eliminatingrailroad crossings shall be dividedbetween the railroad company and the county, in afair and equitable proportion determined by the secretary oftransportation, who shall determine the necessity for eliminating suchcrossing.
When the elimination, protection or improvement of a railroad gradecrossing, as finally determined to be necessary by the secretary, requiresthe relocation, laying out, altering, widening or vacating of ahighway, the board of county commissioners may purchase or acquire bydonation any land required and, by order of the board, cause thehighway to be relocated, laid out, altered, widened or vacated. Suchorder of the board of county commissioners shall cause any land soprocured to become a public highway without further action. If the ownerof any land required for the relocation, layingout, altering or widening of a highway for the purposesmentioned in this section refuses to sell or donate such land, theboard of county commissioners shall exercise the right of eminent domainin the following manner:
The board of county commissioners by order shall determine the nature ofthe changes required in suchroad, the approximate amount and location of land required to betaken therefor and the time and place at which the road will be viewed.The board shall publish a notice once in the official county paper, notless than 15 days and not more than 25 days before the viewing of the road.A similar notice shall be sent by certified mail to the owners of landsaffected by such change, at the address where the owner's tax statementis sent. Such notice shall set out the substanceof the order and its date, the time and place the commissioners willbegin to view the road and give allparties a hearing.
The board shall direct thecounty engineer to meet with it at such time and place, unless the newlocations of roads made necessary by the changes have already beendefinitely surveyed and located. Upon the day stated inthe notice, oron the following day, the county commissioners shall meet atthe place stated in the notice and proceed to view the road and changesrequired; shall view all lands required to be taken for therelocation, laying out, altering or widening of the highway for thepurposes described in this section; and shall appraise the value thereof andassess the damages thereto. The county commissioners shall forthwith filein the office ofthe county clerk of the county a written report of their findings, alongwith the plat of the road as changed. Allapplications for damages must be filed in writing with the county clerkon or before the first day of the next regular session of the boardfollowing the filing of the report. The board at such session shall finallydetermine the amount to be paid as damages to anyowner of the land. The amounts so allowed shall be paidfrom the general fund or the road fund of the county.
The right of appeal from the award of damages made by the board ofcounty commissioners shall be the same as is now provided by law inother road cases, but such appeal shall not delay any work upon or inrelation to the road. If lands are appropriated for the relocation ofany county or township road, which relocation is deemed necessary toavoid one or more railroad crossings or other dangerous places, therailroad company shall pay such part of the cost, not less than 1/2 or morethan 3/4, as determined by the secretaryof transportation. Such part of the cost shall bepaid by the railroad company to the county and shall be used toreimburse the funds from which the cost of land and damages were paid.The secretary of transportation, upon the request of any county ortownship board, may require suitable safety devices or warning signalsat dangerous or obscure railroad crossings to indicate the approach oftrains, which shall be installed and maintained by the railroad company.The secretary may require the removal of spoil banks and otherobstructions to view and the grading of approaches to the tracks, thecost of which shall be borne by the railroad company and county ortownship jointly or severally in the proportions determined by thesecretary. The secretary may require the construction of suitablewarning signs at a distance of 200 to 300 feet on both sides of allrailroad grade crossings if, in the judgment of the secretary, signsare necessary for the safety of travel. All such warning signs ontownship roads shall be erected by the townships and those on the countyroads by the county.
History: L. 1917, ch. 264, § 18; L. 1919, ch. 245, § 5; R.S.1923, 68-509; L. 1975, ch. 427, § 119; L. 1981, ch. 173, § 69; July 1.
68-509.Elimination of grade crossings; division of costs between railroadand county; eminent domain; publication notice; appeal from award; warning signals.The county engineer and board of countycommissioners, in designating the county road system, shall eliminate allsteam or electric road grade crossings and all other dangerous places onthe highways so far as practicable, by paralleling such steam orelectric roads, constructing undergrade or overhead crossings,relocating the highways or using such other means as may benecessary to properly safeguard the traveling public. The expense of eliminatingrailroad crossings shall be dividedbetween the railroad company and the county, in afair and equitable proportion determined by the secretary oftransportation, who shall determine the necessity for eliminating suchcrossing.
When the elimination, protection or improvement of a railroad gradecrossing, as finally determined to be necessary by the secretary, requiresthe relocation, laying out, altering, widening or vacating of ahighway, the board of county commissioners may purchase or acquire bydonation any land required and, by order of the board, cause thehighway to be relocated, laid out, altered, widened or vacated. Suchorder of the board of county commissioners shall cause any land soprocured to become a public highway without further action. If the ownerof any land required for the relocation, layingout, altering or widening of a highway for the purposesmentioned in this section refuses to sell or donate such land, theboard of county commissioners shall exercise the right of eminent domainin the following manner:
The board of county commissioners by order shall determine the nature ofthe changes required in suchroad, the approximate amount and location of land required to betaken therefor and the time and place at which the road will be viewed.The board shall publish a notice once in the official county paper, notless than 15 days and not more than 25 days before the viewing of the road.A similar notice shall be sent by certified mail to the owners of landsaffected by such change, at the address where the owner's tax statementis sent. Such notice shall set out the substanceof the order and its date, the time and place the commissioners willbegin to view the road and give allparties a hearing.
The board shall direct thecounty engineer to meet with it at such time and place, unless the newlocations of roads made necessary by the changes have already beendefinitely surveyed and located. Upon the day stated inthe notice, oron the following day, the county commissioners shall meet atthe place stated in the notice and proceed to view the road and changesrequired; shall view all lands required to be taken for therelocation, laying out, altering or widening of the highway for thepurposes described in this section; and shall appraise the value thereof andassess the damages thereto. The county commissioners shall forthwith filein the office ofthe county clerk of the county a written report of their findings, alongwith the plat of the road as changed. Allapplications for damages must be filed in writing with the county clerkon or before the first day of the next regular session of the boardfollowing the filing of the report. The board at such session shall finallydetermine the amount to be paid as damages to anyowner of the land. The amounts so allowed shall be paidfrom the general fund or the road fund of the county.
The right of appeal from the award of damages made by the board ofcounty commissioners shall be the same as is now provided by law inother road cases, but such appeal shall not delay any work upon or inrelation to the road. If lands are appropriated for the relocation ofany county or township road, which relocation is deemed necessary toavoid one or more railroad crossings or other dangerous places, therailroad company shall pay such part of the cost, not less than 1/2 or morethan 3/4, as determined by the secretaryof transportation. Such part of the cost shall bepaid by the railroad company to the county and shall be used toreimburse the funds from which the cost of land and damages were paid.The secretary of transportation, upon the request of any county ortownship board, may require suitable safety devices or warning signalsat dangerous or obscure railroad crossings to indicate the approach oftrains, which shall be installed and maintained by the railroad company.The secretary may require the removal of spoil banks and otherobstructions to view and the grading of approaches to the tracks, thecost of which shall be borne by the railroad company and county ortownship jointly or severally in the proportions determined by thesecretary. The secretary may require the construction of suitablewarning signs at a distance of 200 to 300 feet on both sides of allrailroad grade crossings if, in the judgment of the secretary, signsare necessary for the safety of travel. All such warning signs ontownship roads shall be erected by the townships and those on the countyroads by the county.
History: L. 1917, ch. 264, § 18; L. 1919, ch. 245, § 5; R.S.1923, 68-509; L. 1975, ch. 427, § 119; L. 1981, ch. 173, § 69; July 1.
68-509.Elimination of grade crossings; division of costs between railroadand county; eminent domain; publication notice; appeal from award; warning signals.The county engineer and board of countycommissioners, in designating the county road system, shall eliminate allsteam or electric road grade crossings and all other dangerous places onthe highways so far as practicable, by paralleling such steam orelectric roads, constructing undergrade or overhead crossings,relocating the highways or using such other means as may benecessary to properly safeguard the traveling public. The expense of eliminatingrailroad crossings shall be dividedbetween the railroad company and the county, in afair and equitable proportion determined by the secretary oftransportation, who shall determine the necessity for eliminating suchcrossing.
When the elimination, protection or improvement of a railroad gradecrossing, as finally determined to be necessary by the secretary, requiresthe relocation, laying out, altering, widening or vacating of ahighway, the board of county commissioners may purchase or acquire bydonation any land required and, by order of the board, cause thehighway to be relocated, laid out, altered, widened or vacated. Suchorder of the board of county commissioners shall cause any land soprocured to become a public highway without further action. If the ownerof any land required for the relocation, layingout, altering or widening of a highway for the purposesmentioned in this section refuses to sell or donate such land, theboard of county commissioners shall exercise the right of eminent domainin the following manner:
The board of county commissioners by order shall determine the nature ofthe changes required in suchroad, the approximate amount and location of land required to betaken therefor and the time and place at which the road will be viewed.The board shall publish a notice once in the official county paper, notless than 15 days and not more than 25 days before the viewing of the road.A similar notice shall be sent by certified mail to the owners of landsaffected by such change, at the address where the owner's tax statementis sent. Such notice shall set out the substanceof the order and its date, the time and place the commissioners willbegin to view the road and give allparties a hearing.
The board shall direct thecounty engineer to meet with it at such time and place, unless the newlocations of roads made necessary by the changes have already beendefinitely surveyed and located. Upon the day stated inthe notice, oron the following day, the county commissioners shall meet atthe place stated in the notice and proceed to view the road and changesrequired; shall view all lands required to be taken for therelocation, laying out, altering or widening of the highway for thepurposes described in this section; and shall appraise the value thereof andassess the damages thereto. The county commissioners shall forthwith filein the office ofthe county clerk of the county a written report of their findings, alongwith the plat of the road as changed. Allapplications for damages must be filed in writing with the county clerkon or before the first day of the next regular session of the boardfollowing the filing of the report. The board at such session shall finallydetermine the amount to be paid as damages to anyowner of the land. The amounts so allowed shall be paidfrom the general fund or the road fund of the county.
The right of appeal from the award of damages made by the board ofcounty commissioners shall be the same as is now provided by law inother road cases, but such appeal shall not delay any work upon or inrelation to the road. If lands are appropriated for the relocation ofany county or township road, which relocation is deemed necessary toavoid one or more railroad crossings or other dangerous places, therailroad company shall pay such part of the cost, not less than 1/2 or morethan 3/4, as determined by the secretaryof transportation. Such part of the cost shall bepaid by the railroad company to the county and shall be used toreimburse the funds from which the cost of land and damages were paid.The secretary of transportation, upon the request of any county ortownship board, may require suitable safety devices or warning signalsat dangerous or obscure railroad crossings to indicate the approach oftrains, which shall be installed and maintained by the railroad company.The secretary may require the removal of spoil banks and otherobstructions to view and the grading of approaches to the tracks, thecost of which shall be borne by the railroad company and county ortownship jointly or severally in the proportions determined by thesecretary. The secretary may require the construction of suitablewarning signs at a distance of 200 to 300 feet on both sides of allrailroad grade crossings if, in the judgment of the secretary, signsare necessary for the safety of travel. All such warning signs ontownship roads shall be erected by the townships and those on the countyroads by the county.
History: L. 1917, ch. 264, § 18; L. 1919, ch. 245, § 5; R.S.1923, 68-509; L. 1975, ch. 427, § 119; L. 1981, ch. 173, § 69; July 1.
