2014 Kentucky Revised Statutes CHAPTER 277 - RAILROADS -- ORGANIZATION AND OPERATING REGULATIONS 277.065 Allocation of costs of eliminating grade crossings between railroad and governmental unit.
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277.065 Allocation of costs of eliminating grade crossings between railroad
and governmental unit.
The entire construction costs of projects for the elimination of hazards of
railroad-highway crossings, including the separation or protection of grades at
crossings, the reconstruction of existing railroad grade crossing structures, and the
relocation of highways to eliminate railroad grade crossings which may be paid for in
whole or part from state funds, including, but not limited to, the cost of preparing the
plans and specifications and supervising the improvement, the acquisition of
necessary property, the construction of approaches, drainage structures, roadways
and pavements, accommodations for public utilities, and damages paid to abutting
property owners, shall be allocated between the railroad involved, and the
governmental unit or units involved in the same ratio as the net benefit received by
such railroad from the project bears to the net benefit accruing to the public using
the highway, and in no case shall the net benefit to any railroad or railroads be
deemed to be more than ten percent (10%) of the total benefit resulting from the
project. The Department of Highways shall be responsible for determining the
proportion of the benefits derived by the railroad from the project, and shall fix
standards for the determining of said benefits which shall be consistent with the
standards adopted for similar purposes by the United States Bureau of Public Roads
under the Federal-Aid-Highway Act of 1944. The cost of maintenance of all
structures for the elimination of railroad grade crossings, and of installations for the
protection of existing grade crossings, constructed or installed under this section,
shall be borne by the governmental unit or units constructing them. Before any state
funds shall be expended for any project constructed under this section, a contract
shall be entered into between the railroad and the governmental unit or units
involved setting forth the duties of each as to construction and maintenance of the
project.
Effective:June 19, 1958
History: Created 1958 Ky. Acts ch. 78, sec. 1, effective June 19, 1958.
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