2014 Kentucky Revised Statutes CHAPTER 177 - STATE AND FEDERAL HIGHWAYS -- LIMITED ACCESS FACILITIES -- TURNPIKES -- ROAD BONDS -- BILLBOARDS -- RECYCLERS 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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177.120 Department may order elimination of grade crossings or substitution
-- Standards to be set by administrative regulations -- Closure of grade
crossings.
(1)
(2)
(3)
(4)
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 grade crossing or change any existing overhead or underpass
structure where any public road crosses the railroad tracks of the company.
The department may determine whether a substitute crossing should be
established and if so, the location of the crossing to be substituted, and
whether it shall pass over or under the railroad tracks or intersect them at
grade.
In accordance with this section, the department shall promulgate administrative
regulations by December 1, 1992, that contain standards governing the closure
of public grade crossings. In adopting standards, the department shall request
and consider written comments from affected local governments and shall
consider that the number of redundant and inherently dangerous grade
crossings in this state should be reduced and that public safety will be
enhanced by reducing the number of redundant and inherently dangerous
grade crossings.
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 proposed to be closed. The list shall be developed by applying
the standards set forth in the administrative regulations adopted under
subsection (2) of this section. Grade crossings that are part of an
abandonment, closing, or removal shall not be included in the list. The
department shall notify the public officials having the necessary authority and
the railway companies operating the railroads of the proposed closures. Either
affected party may request a public hearing, and if requested, the department
shall hold a public hearing and apply in its determination the information gained
at the public hearing and administrative regulations developed under
subsection (2) of this section. If after the hearing the department determines
that closure is warranted, it may order the crossing closed.
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 requirements of KRS Chapter 424, the department shall order the
crossing closed.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 195, sec. 2, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 229, sec. 6, effective July 14, 1992. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 4356z-1, 4356z-10.
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