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177.130 Hearing -- Order -- Plans, specifications, and estimates of cost.
If the department finds that a crossing proposed for vacation should be replaced with
another grade crossing or a grade separation, it shall give at least ten (10) days' notice by
certified mail, return receipt requested, to the railroad company and to the chief executive
officer of the affected unit of local government of a public hearing to be held at a time
and place stated in the notice. At the public hearing, the department shall consider
whether or not the proposed grade separation or substitute crossing is reasonably
necessary and the most advantageous method of enhancing the public convenience and
necessity. If the department finds that the grade separation or substitute crossing is
reasonably necessary, it shall make an order to that effect and furnish a copy thereof by
certified mail, return receipt requested, to the railroad company and to the chief executive
officer of the affected unit of local government. The order shall specify the location of the
crossing to be substituted and whether it shall pass over or under the railroad tracks or
intersect them at grade, the width of the crossing, and the angle at which the crossing
shall meet and converge into the roadbed on either side of the railroad tracks. The order
may direct the railroad company to prepare plans, specifications, and estimates of cost for
the grade separation or substitute crossing in accordance with the general plan prescribed
by the order. The order may provide that the plans, specifications, and estimates of cost
shall be prepared by the department.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 61, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 229, sec. 7, effective July 14, 1992. -- Amended 1980 Ky. Acts ch.
114, sec. 29, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec.
20(1); and ch. 315, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4356z-2.
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