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177.130 Hearing -- Order -- Plans, specifications, and estimates of cost.

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177.130 Hearing -- Order -- Plans, specifications, and estimates of cost. If the department finds that a crossing proposed for vacation should be replaced with <br>another grade crossing or a grade separation, it shall give at least ten (10) days' notice by <br>certified mail, return receipt requested, to the railroad company and to the chief executive <br>officer of the affected unit of local government of a public hearing to be held at a time <br>and place stated in the notice. At the public hearing, the department shall consider <br>whether or not the proposed grade separation or substitute crossing is reasonably <br>necessary and the most advantageous method of enhancing the public convenience and <br>necessity. If the department finds that the grade separation or substitute crossing is <br>reasonably necessary, it shall make an order to that effect and furnish a copy thereof by <br>certified mail, return receipt requested, to the railroad company and to the chief executive <br>officer of the affected unit of local government. The order shall specify the location of the <br>crossing to be substituted and whether it shall pass over or under the railroad tracks or <br>intersect them at grade, the width of the crossing, and the angle at which the crossing <br>shall meet and converge into the roadbed on either side of the railroad tracks. The order <br>may direct the railroad company to prepare plans, specifications, and estimates of cost for <br>the grade separation or substitute crossing in accordance with the general plan prescribed <br>by the order. The order may provide that the plans, specifications, and estimates of cost <br>shall be prepared by the department. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 61, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 229, sec. 7, effective July 14, 1992. -- Amended 1980 Ky. Acts <br>ch. 114, sec. 29, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. IV, <br>sec. 20(1); and ch. 315, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective <br>October 1, 1942, from Ky. Stat. sec. 4356z-2.