177.120 Department may order elimination of grade crossings or substitution -- Standards to be set by administrative regulations -- Closure of grade crossings.
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<![CDATA[177.120 Department may order elimination of grade crossings or substitution -- Standards to be set by administrative regulations -- Closure of grade crossings. (1) Whenever the department considers it necessary for the public safety, it may order any railroad company owning or operating a railroad in this state, to eliminate any <br>grade crossing or change any existing overhead or underpass structure where any <br>public road crosses the railroad tracks of the company. The department may <br>determine whether a substitute crossing should be established and if so, the location <br>of the crossing to be substituted, and whether it shall pass over or under the railroad <br>tracks or intersect them at grade. (2) In accordance with this section, the department shall promulgate administrative regulations by December 1, 1992, that contain standards governing the closure of <br>public grade crossings. In adopting standards, the department shall request and <br>consider written comments from affected local governments and shall consider that <br>the number of redundant and inherently dangerous grade crossings in this state <br>should be reduced and that public safety will be enhanced by reducing the number <br>of redundant and inherently dangerous grade crossings. (3) On or before July 1, 1993, and on or before July 1 of each of the next four (4) years, and as necessary thereafter, the department shall compose a list of grade crossings <br>proposed to be closed. The list shall be developed by applying the standards set <br>forth in the administrative regulations adopted under subsection (2) of this section. <br>Grade crossings that are part of an abandonment, closing, or removal shall not be <br>included in the list. The department shall notify the public officials having the <br>necessary authority and the railway companies operating the railroads of the <br>proposed closures. Either affected party may request a public hearing, and if <br>requested, the department shall hold a public hearing and apply in its determination <br>the information gained at the public hearing and administrative regulations <br>developed under subsection (2) of this section. If after the hearing the department <br>determines that closure is warranted, it may order the crossing closed. (4) If a request for a hearing on a particular crossing is not received within thirty (30) days of notice of the opportunity for a public hearing advertised pursuant to the <br>requirements of KRS Chapter 424, the department shall order the crossing closed. Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 195, sec. 2, effective July 15, 1994. </p>
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