56-28 - Contest by county or Commonwealth Transportation Commissioner.
§ 56-28. Contest by county or Commonwealth Transportation Commissioner.
The board of supervisors or other governing body aforesaid or theCommonwealth Transportation Commissioner may, however, within thirty daysfrom the date of the submission of such plans, specifications anddescriptions, reject the same, and may apply to the Commission to inquireinto the necessity for such crossing, and the propriety of the proposedlocation, and all matters pertaining to its construction and operation; and,thereupon the Commission, in its discretion, may, after notice served uponthe public service corporation, the board of supervisors or other governingbody aforesaid, and the Commonwealth Transportation Commissioner, suspendwork on such crossing for such reasonable time prescribed in such notice asit may deem necessary to make such inquiry. The Commission may, in itsdiscretion, employ expert engineers, at a cost not to exceed $500, to be paidby the public service corporation desiring the crossing, who shall, with theCommission, or some member thereof, or such person as the Commission maydesignate, (1) examine the location, plans, specifications and descriptionsof appliances and methods proposed to be employed, (2) hear any objection,and consider any modification that the board of supervisors or othergoverning body aforesaid, or the Commonwealth Transportation Commissioner,may desire to offer, and, (3) within such time as the Commission may fix,reject, approve, or modify such plans, specifications and descriptions. Thefinal order of the Commission shall, unless an appeal be taken to the SupremeCourt by any party to the proceeding within thirty days of the date of suchfinal order, be final and binding on the public service corporation and theboard of supervisors or other governing body aforesaid, and the CommonwealthTransportation Commissioner.
(Code 1919, § 3885; 1920, p. 412.)