§ 56-366.1. Proceedings to avoid or eliminate grade crossings by gradeseparation or to widen, strengthen, remodel, relocate or replace existingcrossing structures on public highways.
Whenever a road in the State Highway System or a public highway maintained bya locality (i) crosses a railroad, (ii) is projected across a railroad, or(iii) is to be so changed as to cross a railroad, or an existing overpass orunderpass crossing of any such road and a railroad is in need of widening,strengthening, remodeling, relocating or replacing, and funds are (or are tobe) allocated by the Commonwealth Transportation Board or public roadauthority for payment of the locality's or state's portion of the cost ofconstructing such an overpass or underpass structure or for widening,strengthening, remodeling, relocating or replacing such an existingstructure, the Commonwealth Transportation Commissioner or representative ofthe public road authority may agree with the railroad company or companiesinvolved, on such terms and conditions as he shall deem in the best interestsof the Commonwealth or locality regarding the plans and specifications, themethod and manner of construction and the division of costs and maintenanceresponsibility of any such separation of grade structure. In case of aseparation of grade by structure at a new, or an existing, grade crossing,the project, except in special cases and under special circumstances to bemutually agreed upon by the Commonwealth Transportation Commissioner, thepublic road authority, and the railroad company or companies involved, shallbe deemed to start at points on each side of the tracks of the railroad orrailroads where the grade, under the proposed plans and specifications,leaves the ground line to go over or under, as the case may be, the tracks ofthe railroad or railroads.
In the event the Commonwealth Transportation Commissioner, the public roadauthority, and the railroad company or companies involved are unable to agreeon (i) the necessity for the construction of such underpass or overpassstructure or for the widening, strengthening, remodeling, relocating orreplacing of any existing overpass or underpass structure, (ii) the plans andspecifications for and method or manner of construction thereof, or (iii) theportion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by each of the railroad company or companiesinvolved, the Commonwealth Transportation Commissioner or the public roadauthority shall petition the State Corporation Commission setting forth theplans and specifications for and the method and manner of construction ofsuch project and the facts which in his opinion justify the elimination ofthe crossing, the erection of a new separation of grade structure or thewidening, strengthening, remodeling, relocating or replacing of an existingstructure and the maintenance responsibility. Copies of the petition and theplans and specifications shall forthwith be served by the State CorporationCommission on the railroad company or companies involved. Within twenty daysafter service on it of such petition and plans and specifications, therailroad company or companies shall file an answer with the State CorporationCommission setting out its objections to the proposed project and theCommission shall hear and determine the matter as other matters are heard anddetermined by that body. The Commission shall consider all the facts andcircumstances surrounding the case and shall determine (a) whether publicnecessity and convenience justifies or requires the construction of such newseparation of grade structure or whether an existing structure is sodangerous to or insufficient to take care of traffic on the highway as torequire the widening, strengthening, remodeling, relocating or replacingproposed, (b) whether the plans and specifications or method and manner ofconstruction are proper and appropriate, and (c) what portion of the work, ifany, to be done and what share of the cost of such project, if any, to beborne by each of the railroad company or companies involved (excluding thecost of right-of-way) is fair and reasonable, having regard to the benefits,if any, accruing to such railroad or railroads from the elimination of suchgrade crossing or the widening, strengthening, remodeling, relocating orreplacing any existing overpass or underpass structure, and either dismissthe proceeding as against the railroad company or companies involved or enteran order deciding and disposing of all of the matters hereinbefore submittedto its jurisdiction.
Grade crossings shall be closed when replaced by a new public highway.However, the Commonwealth Transportation Board or the public road authoritymay authorize the continued use of the crossing for a period of two yearsfollowing the construction of the new highway to familiarize the public withthe new route.
§ 56-366.1. Proceedings to avoid or eliminate grade crossings by gradeseparation or to widen, strengthen, remodel, relocate or replace existingcrossing structures on public highways.
Whenever a road in the State Highway System or a public highway maintained bya locality (i) crosses a railroad, (ii) is projected across a railroad, or(iii) is to be so changed as to cross a railroad, or an existing overpass orunderpass crossing of any such road and a railroad is in need of widening,strengthening, remodeling, relocating or replacing, and funds are (or are tobe) allocated by the Commonwealth Transportation Board or public roadauthority for payment of the locality's or state's portion of the cost ofconstructing such an overpass or underpass structure or for widening,strengthening, remodeling, relocating or replacing such an existingstructure, the Commonwealth Transportation Commissioner or representative ofthe public road authority may agree with the railroad company or companiesinvolved, on such terms and conditions as he shall deem in the best interestsof the Commonwealth or locality regarding the plans and specifications, themethod and manner of construction and the division of costs and maintenanceresponsibility of any such separation of grade structure. In case of aseparation of grade by structure at a new, or an existing, grade crossing,the project, except in special cases and under special circumstances to bemutually agreed upon by the Commonwealth Transportation Commissioner, thepublic road authority, and the railroad company or companies involved, shallbe deemed to start at points on each side of the tracks of the railroad orrailroads where the grade, under the proposed plans and specifications,leaves the ground line to go over or under, as the case may be, the tracks ofthe railroad or railroads.
In the event the Commonwealth Transportation Commissioner, the public roadauthority, and the railroad company or companies involved are unable to agreeon (i) the necessity for the construction of such underpass or overpassstructure or for the widening, strengthening, remodeling, relocating orreplacing of any existing overpass or underpass structure, (ii) the plans andspecifications for and method or manner of construction thereof, or (iii) theportion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by each of the railroad company or companiesinvolved, the Commonwealth Transportation Commissioner or the public roadauthority shall petition the State Corporation Commission setting forth theplans and specifications for and the method and manner of construction ofsuch project and the facts which in his opinion justify the elimination ofthe crossing, the erection of a new separation of grade structure or thewidening, strengthening, remodeling, relocating or replacing of an existingstructure and the maintenance responsibility. Copies of the petition and theplans and specifications shall forthwith be served by the State CorporationCommission on the railroad company or companies involved. Within twenty daysafter service on it of such petition and plans and specifications, therailroad company or companies shall file an answer with the State CorporationCommission setting out its objections to the proposed project and theCommission shall hear and determine the matter as other matters are heard anddetermined by that body. The Commission shall consider all the facts andcircumstances surrounding the case and shall determine (a) whether publicnecessity and convenience justifies or requires the construction of such newseparation of grade structure or whether an existing structure is sodangerous to or insufficient to take care of traffic on the highway as torequire the widening, strengthening, remodeling, relocating or replacingproposed, (b) whether the plans and specifications or method and manner ofconstruction are proper and appropriate, and (c) what portion of the work, ifany, to be done and what share of the cost of such project, if any, to beborne by each of the railroad company or companies involved (excluding thecost of right-of-way) is fair and reasonable, having regard to the benefits,if any, accruing to such railroad or railroads from the elimination of suchgrade crossing or the widening, strengthening, remodeling, relocating orreplacing any existing overpass or underpass structure, and either dismissthe proceeding as against the railroad company or companies involved or enteran order deciding and disposing of all of the matters hereinbefore submittedto its jurisdiction.
Grade crossings shall be closed when replaced by a new public highway.However, the Commonwealth Transportation Board or the public road authoritymay authorize the continued use of the crossing for a period of two yearsfollowing the construction of the new highway to familiarize the public withthe new route.
§ 56-366.1. Proceedings to avoid or eliminate grade crossings by gradeseparation or to widen, strengthen, remodel, relocate or replace existingcrossing structures on public highways.
Whenever a road in the State Highway System or a public highway maintained bya locality (i) crosses a railroad, (ii) is projected across a railroad, or(iii) is to be so changed as to cross a railroad, or an existing overpass orunderpass crossing of any such road and a railroad is in need of widening,strengthening, remodeling, relocating or replacing, and funds are (or are tobe) allocated by the Commonwealth Transportation Board or public roadauthority for payment of the locality's or state's portion of the cost ofconstructing such an overpass or underpass structure or for widening,strengthening, remodeling, relocating or replacing such an existingstructure, the Commonwealth Transportation Commissioner or representative ofthe public road authority may agree with the railroad company or companiesinvolved, on such terms and conditions as he shall deem in the best interestsof the Commonwealth or locality regarding the plans and specifications, themethod and manner of construction and the division of costs and maintenanceresponsibility of any such separation of grade structure. In case of aseparation of grade by structure at a new, or an existing, grade crossing,the project, except in special cases and under special circumstances to bemutually agreed upon by the Commonwealth Transportation Commissioner, thepublic road authority, and the railroad company or companies involved, shallbe deemed to start at points on each side of the tracks of the railroad orrailroads where the grade, under the proposed plans and specifications,leaves the ground line to go over or under, as the case may be, the tracks ofthe railroad or railroads.
In the event the Commonwealth Transportation Commissioner, the public roadauthority, and the railroad company or companies involved are unable to agreeon (i) the necessity for the construction of such underpass or overpassstructure or for the widening, strengthening, remodeling, relocating orreplacing of any existing overpass or underpass structure, (ii) the plans andspecifications for and method or manner of construction thereof, or (iii) theportion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by each of the railroad company or companiesinvolved, the Commonwealth Transportation Commissioner or the public roadauthority shall petition the State Corporation Commission setting forth theplans and specifications for and the method and manner of construction ofsuch project and the facts which in his opinion justify the elimination ofthe crossing, the erection of a new separation of grade structure or thewidening, strengthening, remodeling, relocating or replacing of an existingstructure and the maintenance responsibility. Copies of the petition and theplans and specifications shall forthwith be served by the State CorporationCommission on the railroad company or companies involved. Within twenty daysafter service on it of such petition and plans and specifications, therailroad company or companies shall file an answer with the State CorporationCommission setting out its objections to the proposed project and theCommission shall hear and determine the matter as other matters are heard anddetermined by that body. The Commission shall consider all the facts andcircumstances surrounding the case and shall determine (a) whether publicnecessity and convenience justifies or requires the construction of such newseparation of grade structure or whether an existing structure is sodangerous to or insufficient to take care of traffic on the highway as torequire the widening, strengthening, remodeling, relocating or replacingproposed, (b) whether the plans and specifications or method and manner ofconstruction are proper and appropriate, and (c) what portion of the work, ifany, to be done and what share of the cost of such project, if any, to beborne by each of the railroad company or companies involved (excluding thecost of right-of-way) is fair and reasonable, having regard to the benefits,if any, accruing to such railroad or railroads from the elimination of suchgrade crossing or the widening, strengthening, remodeling, relocating orreplacing any existing overpass or underpass structure, and either dismissthe proceeding as against the railroad company or companies involved or enteran order deciding and disposing of all of the matters hereinbefore submittedto its jurisdiction.
Grade crossings shall be closed when replaced by a new public highway.However, the Commonwealth Transportation Board or the public road authoritymay authorize the continued use of the crossing for a period of two yearsfollowing the construction of the new highway to familiarize the public withthe new route.
