65-11-108. Location and character of substituted crossing.
When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected.
65-11-108. Location and character of substituted crossing.
When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected.
65-11-108. Location and character of substituted crossing.
When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected.
