2005 Rhode Island Code - § 39-8-2 — Raising or lowering of highway to eliminate grade crossing.

    If the town council of any town wherein a turnpike or highway crossed by a railroad on a level therewith is situated, are of the opinion that it is necessary for the security of the public that the turnpike or highway should be raised or lowered, so as to pass over or under the railroad, they may in writing request the corporation owning the railroad so to raise or lower the turnpike or highway. If the corporation shall neglect or refuse so to do, the town council may apply to the commission to decide upon the reasonableness of the request. If the commission, after due notice and hearing the parties, shall decide that the lowering or raising of grade is necessary for the security of the public, the corporation shall comply with the decision; provided, that either party shall have the right, in accordance with chapter 5 of this title, to petition the supreme court for relief, and the court shall have full power to finally decide the question as to the necessity of changing the grade. The cost and expense of making the change of grade shall be borne by the railroad corporation and the town asking for the change, in the proportion as may be decided by the court. If, after the decision of the court that a change of grade is necessary, or if, having taken no appeal from the decision of the commission, the corporation shall unreasonably neglect or refuse to change the grade, the town council may proceed to make the change, and may in an action against the corporation recover all charges and expenses occasioned by making the alterations.