§ 56-369. Elimination of public grade crossings by change of alignment ofpublic highways or construction of replacement public highways.
Whenever the Commonwealth Transportation Commissioner or the appropriatepublic road authority in improving the alignment of public highways proposesto change the alignment of the highway or construct a replacement publichighway and thereby permanently eliminate as a public crossing one or morecrossings of a railroad at grade, he may agree with the railroad companyinvolved, on such terms and conditions as he or the representative of thepublic road authority shall deem in the best interest of the Commonwealth orlocality regarding the plans and specifications, the method and manner ofconstruction and the division of costs of so changing the alignment of thehighway. Grade crossings shall be closed when replaced by a new publichighway. However, the Commonwealth Transportation Board or the public roadauthority may authorize the continued use of the crossing for a period of twoyears following the construction of the new public highway to familiarize thepublic with the new route.
In the event the Commonwealth Transportation Commissioner or the public roadauthority and the railroad company are unable to agree (i) on the necessityfor such change in the alignment of the highway, or (ii) the plans andspecifications for the method and manner of construction thereof, or (iii)the portion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by the railroad company involved, theCommonwealth Transportation Commissioner or the public road authority shallpetition the State Corporation Commission setting forth the plans andspecifications for the method and manner of changing the alignment of thepublic highway and the facts which, in his opinion, justify the proposedelimination as a public crossing of one or more crossings of the railroad atgrade. Copies of the petition and the plans and specifications shallforthwith be served by the State Corporation Commission on the railroadcompany involved. Within twenty days after service on it of such petition andplans and specifications, the railroad company involved shall file an answerwith the State Corporation Commission setting out its objections to theproposed project and the Commission shall hear and determine the matter asother matters are heard and determined by that body. The Commission shallconsider all the facts and circumstances surrounding the case and shalldetermine (a) whether public necessity and convenience justifies or requiresthe proposed change in the alignment of the highway which shall not, inrespect to any particular project within the meaning of this section, exceedfive miles in length, (b) whether the plans and specifications or method andmanner of construction are proper and appropriate, and (c) what portion ofthe work, if any, to be done and what share of the cost of such project, ifany, to be borne by the railroad company involved is fair and reasonable,having regard to the benefits, if any, accruing to such railroad from theelimination of such grade crossing or crossings, and either dismiss theproceeding as against the railroad company involved or enter an orderdeciding and disposing of all of the matters hereinbefore submitted to itsjurisdiction, provided, however, that the share of the cost of such projectwhich the Commission may find proper to be borne by the railroad under theprovisions of this section, shall not exceed what the Commission mightotherwise decide would be the proportion of the cost of constructing anoverpass or underpass structure or structures at the point or points wheresuch public grade crossing or crossings are to be eliminated.
(1930, p. 891; Michie Code 1942, § 3974b; 1952, c. 399; 1996, cc. 114, 157.)
§ 56-369. Elimination of public grade crossings by change of alignment ofpublic highways or construction of replacement public highways.
Whenever the Commonwealth Transportation Commissioner or the appropriatepublic road authority in improving the alignment of public highways proposesto change the alignment of the highway or construct a replacement publichighway and thereby permanently eliminate as a public crossing one or morecrossings of a railroad at grade, he may agree with the railroad companyinvolved, on such terms and conditions as he or the representative of thepublic road authority shall deem in the best interest of the Commonwealth orlocality regarding the plans and specifications, the method and manner ofconstruction and the division of costs of so changing the alignment of thehighway. Grade crossings shall be closed when replaced by a new publichighway. However, the Commonwealth Transportation Board or the public roadauthority may authorize the continued use of the crossing for a period of twoyears following the construction of the new public highway to familiarize thepublic with the new route.
In the event the Commonwealth Transportation Commissioner or the public roadauthority and the railroad company are unable to agree (i) on the necessityfor such change in the alignment of the highway, or (ii) the plans andspecifications for the method and manner of construction thereof, or (iii)the portion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by the railroad company involved, theCommonwealth Transportation Commissioner or the public road authority shallpetition the State Corporation Commission setting forth the plans andspecifications for the method and manner of changing the alignment of thepublic highway and the facts which, in his opinion, justify the proposedelimination as a public crossing of one or more crossings of the railroad atgrade. Copies of the petition and the plans and specifications shallforthwith be served by the State Corporation Commission on the railroadcompany involved. Within twenty days after service on it of such petition andplans and specifications, the railroad company involved shall file an answerwith the State Corporation Commission setting out its objections to theproposed project and the Commission shall hear and determine the matter asother matters are heard and determined by that body. The Commission shallconsider all the facts and circumstances surrounding the case and shalldetermine (a) whether public necessity and convenience justifies or requiresthe proposed change in the alignment of the highway which shall not, inrespect to any particular project within the meaning of this section, exceedfive miles in length, (b) whether the plans and specifications or method andmanner of construction are proper and appropriate, and (c) what portion ofthe work, if any, to be done and what share of the cost of such project, ifany, to be borne by the railroad company involved is fair and reasonable,having regard to the benefits, if any, accruing to such railroad from theelimination of such grade crossing or crossings, and either dismiss theproceeding as against the railroad company involved or enter an orderdeciding and disposing of all of the matters hereinbefore submitted to itsjurisdiction, provided, however, that the share of the cost of such projectwhich the Commission may find proper to be borne by the railroad under theprovisions of this section, shall not exceed what the Commission mightotherwise decide would be the proportion of the cost of constructing anoverpass or underpass structure or structures at the point or points wheresuch public grade crossing or crossings are to be eliminated.
(1930, p. 891; Michie Code 1942, § 3974b; 1952, c. 399; 1996, cc. 114, 157.)
§ 56-369. Elimination of public grade crossings by change of alignment ofpublic highways or construction of replacement public highways.
Whenever the Commonwealth Transportation Commissioner or the appropriatepublic road authority in improving the alignment of public highways proposesto change the alignment of the highway or construct a replacement publichighway and thereby permanently eliminate as a public crossing one or morecrossings of a railroad at grade, he may agree with the railroad companyinvolved, on such terms and conditions as he or the representative of thepublic road authority shall deem in the best interest of the Commonwealth orlocality regarding the plans and specifications, the method and manner ofconstruction and the division of costs of so changing the alignment of thehighway. Grade crossings shall be closed when replaced by a new publichighway. However, the Commonwealth Transportation Board or the public roadauthority may authorize the continued use of the crossing for a period of twoyears following the construction of the new public highway to familiarize thepublic with the new route.
In the event the Commonwealth Transportation Commissioner or the public roadauthority and the railroad company are unable to agree (i) on the necessityfor such change in the alignment of the highway, or (ii) the plans andspecifications for the method and manner of construction thereof, or (iii)the portion of the work, if any, to be done and the share of the cost of suchproject, if any, to be borne by the railroad company involved, theCommonwealth Transportation Commissioner or the public road authority shallpetition the State Corporation Commission setting forth the plans andspecifications for the method and manner of changing the alignment of thepublic highway and the facts which, in his opinion, justify the proposedelimination as a public crossing of one or more crossings of the railroad atgrade. Copies of the petition and the plans and specifications shallforthwith be served by the State Corporation Commission on the railroadcompany involved. Within twenty days after service on it of such petition andplans and specifications, the railroad company involved shall file an answerwith the State Corporation Commission setting out its objections to theproposed project and the Commission shall hear and determine the matter asother matters are heard and determined by that body. The Commission shallconsider all the facts and circumstances surrounding the case and shalldetermine (a) whether public necessity and convenience justifies or requiresthe proposed change in the alignment of the highway which shall not, inrespect to any particular project within the meaning of this section, exceedfive miles in length, (b) whether the plans and specifications or method andmanner of construction are proper and appropriate, and (c) what portion ofthe work, if any, to be done and what share of the cost of such project, ifany, to be borne by the railroad company involved is fair and reasonable,having regard to the benefits, if any, accruing to such railroad from theelimination of such grade crossing or crossings, and either dismiss theproceeding as against the railroad company involved or enter an orderdeciding and disposing of all of the matters hereinbefore submitted to itsjurisdiction, provided, however, that the share of the cost of such projectwhich the Commission may find proper to be borne by the railroad under theprovisions of this section, shall not exceed what the Commission mightotherwise decide would be the proportion of the cost of constructing anoverpass or underpass structure or structures at the point or points wheresuch public grade crossing or crossings are to be eliminated.
(1930, p. 891; Michie Code 1942, § 3974b; 1952, c. 399; 1996, cc. 114, 157.)
