2013 Kentucky Revised Statutes CHAPTER 178 - COUNTY ROADS -- GRADE CROSSING ELIMINATION 178.375 Appeals to Circuit Court from final orders of fiscal court.
Download as PDF
178.375 Appeals to Circuit Court from final orders of fiscal court.
(1)
(2)
(3)
Any railroad company dissatisfied with a final order of the fiscal court directing
the elimination of any existing grade crossing or change of existing overhead or
underpass structure under KRS 178.355, or a final order in respect of a new
crossing under KRS 178.360, may, within twenty (20) days after receipt by the
railroad company of a copy of the order, attested by the clerk of the fiscal court,
file in the clerk's office of the Circuit Court of the county, together with a
statement of the reasons why the order should not be enforced. On the filing of
a copy of the order and the statement, the circuit clerk shall issue summons
thereon in the same manner as summons is issued in equity actions in the
Circuit Court. The trial of all appeals under this section shall be by a chancellor,
and the evidence shall be taken by depositions or as the Circuit Court may
direct.
On the hearing of the appeal, the Circuit Court shall determine whether under
the standards hereinbefore prescribed, a grade separation or change in an
existing overhead or underpass structure is reasonably necessary for the
public safety, whether the plans and specifications prescribed by such order
make reasonably adequate provision for present and future safety and
convenience of highway traffic and present and future safety of operation of
trains of the railroad company, its employees and passengers, and for future
development of highway and railroad facilities.
Upon submission of the case, the Circuit Court shall embody its findings and
conclusions of law in a final judgment, which may enjoin the fiscal court from
enforcing its order, or direct the railroad company to proceed with the work in
accordance with the order of the fiscal court, or in accordance with other plans
and specifications prescribed by the court, or direct the fiscal court to proceed
with the work in accordance with plans and specifications prescribed by the
court.
History: Amended 1976 Ky. Acts ch. 62, sec. 95. -- Created 1952 Ky. Acts ch. 187,
sec. 6, effective June 19, 1952.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
