177.120 Department may order elimination of grade crossings or substitution -- Standards to be set by administrative regulations -- Closure of grade crossings. - Kentucky Statutes

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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) 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. (2) 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. (3) 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. (4) 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.