56-366.3 - Proceedings to alter, rebuild or replace existing grade separation structure destroyed or rendered unusable.
§ 56-366.3. Proceedings to alter, rebuild or replace existing gradeseparation structure destroyed or rendered unusable.
In the event an existing overpass or crossing over a railroad is destroyed orrendered unusable or otherwise becomes necessary to alter, rebuild, orreplace, which overpass or crossing is maintained by a railroad company, suchcompany shall immediately notify the Commonwealth TransportationCommissioner, or the public road authority of its intent to formulate plansfor such alteration, rebuilding, or replacement. The Commissioner or thepublic road authority shall, as soon as practicable after receipt of suchnotice, determine if, in consideration of the needs of the state systems ofhighways, the work to be done on such existing separation structure shouldencompass any upgrading of such overpass. Upon reaching such decision, theCommissioner or the public road authority shall forthwith notify the companythereof.
If the Commissioner or representative of the public road authority determinesthat upgrading is not necessary, the company, within six months of noticethereof, shall, in consultation with the Commissioner or representative ofthe public road authority, formulate and submit plans to the Commissioner orrepresentative of the public road authority for the necessary work. As soonas the plans are submitted the Commissioner or representative of the publicroad authority shall review the same and after determining the plans aresatisfactory, shall notify the railroad to begin construction by a specifieddate and to complete such construction within a specified time limit afterconsidering public safety, convenience and necessity and the amount, natureand extent of the planned construction. All costs of necessary work,including formulation of plans, where upgrading is not necessary, shall beborne by the company. In the event there is a disagreement as to the design,method of construction and date of completion, such dispute shall be resolvedunder the procedural provisions of § 56-366.1.
If the Commissioner or public road authority determines that upgrading isnecessary or desirable, the same procedure for coordination with the companyshall apply except that the parties may agree that the Commissioner orrepresentative of the public road authority formulate, and execute plans forsuch work, in consultation with such company. Disputes as to matters in thisregard, including allocation of cost, shall also be resolved by petition tothe State Corporation Commission and any new overpass shall be maintained inaccordance with § 56-368.1.
When it is necessary only to repair any overpass, maintained by suchrailroad, the railroad shall perform all work and bear all costs inconnection therewith.
All duties under this section shall be performed as expeditiously aspossible. Nothing herein shall be construed in any way to limit the authorityof the Commissioner or representative of the public road authority overpublic highways and overpasses.
(1977, c. 443; 1996, cc. 114, 157.)