68-414. Improvement of railroad crossings on state highway system; division of cost; safety devices or signals.
68-414
68-414. Improvement of railroad crossings on state highway system;division of cost; safety devices or signals.The secretary of transportation, in the construction, improvement,reconstruction or maintenance of the state highway system, shall havethe power and authority to compel all railroad companies operating steamor electric railroads in this state to construct, improve, reconstructor maintain in a manner to be approved by the secretary oftransportation, viaducts, tunnels, underpasses, bridges or gradecrossings where the lines of said railroad companies intersect statehighways, when in the judgment of the secretary such viaducts, tunnels,underpasses, bridges or grade crossings are necessary for the properconstruction of the state highway system, for the safety of the generalpublic, or for the elimination of a dangerous grade crossing. Theexpense of such construction, improvement, reconstruction or maintenancemay be divided between the railroad company and the secretary oftransportation in a fair and equitable proportion to be determined bythe secretary of transportation, said secretary, however, to pay not toexceed fifty percent (50%) of the cost of any construction, improvement,reconstruction or maintenance of viaducts, tunnels, underpasses orbridges, but such fifty percent (50%) limitation shall not apply toexpress highways or freeways established pursuant to K.S.A.68-2301. Otherwise, grade crossings shall be constructed and maintainedat the expense of the railroad company.
If after due notice to said railroad company that in the judgment ofthe secretary of transportation the construction, improvement,reconstruction or maintenance of such viaduct, tunnel, underpass, bridgeor grade crossing is necessary, said railroad company fails to complywith the secretary's order as provided by this section, said secretaryis empowered and authorized to forthwith construct, improve, reconstructor maintain such viaduct, tunnel, underpass, bridge or grade crossingand the amount so expended for such construction, improvement,reconstruction or maintenance shall comprise a charge against suchrailroad company and the secretary shall render a bill to such railroadcompany stating the amount expended and for what purpose, and upon thefailure or refusal of such railroad company to make payment of theamount due the state the secretary shall forward all data andinformation to the attorney general of this state, who shall immediatelyinstitute a suit in the name of the secretary of transportation for therecovery of the amount reported by the secretary of transportation asdue from the railroad company for its proportion of the cost of theconstruction, improvement, reconstruction or maintenance of suchviaduct, tunnel, underpass, bridge or grade crossing. Upon the recoveryof such fund said secretary shall deposit same with the state treasurerand said sum shall be apportioned to the different funds in the amountsexpenditures from such funds were made.
When the secretary of transportation deems it advisable, saidrailroad company may be required by order of the secretary, to installand maintain suitable safety devices or warning signals at dangerous orobscure crossings to indicate the approach of trains.
History: L. 1929, ch. 225, § 15; L. 1975, ch. 427, §99; L. 1976, ch. 294, § 1; July 1.