177.190 Appeal by railroad company to Circuit Court. - Kentucky Statutes

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177.190 Appeal by railroad company to Circuit Court. (1) Any railroad company dissatisfied with a final order of the department directing the elimination of any grade crossing or change of existing overhead or underpass
structure, or any order modifying or amending the final order may appeal by filing a
petition in the clerk's office of the Franklin Circuit Court in accordance with KRS
Chapter 13B. (2) On the hearing of the appeal, the Circuit Court shall determine whether the elimination of the grade crossing, or the change in existing overhead or underpass
structure, is reasonably necessary for the safety of the traveling public, and whether
the plans and specifications prescribed by the order of the department are
reasonably adequate to provide safety of operation for the trains of the railroad
company, its employees and the public, and make reasonably adequate provisions
for the future development of the railroad company's facilities. (3) If the court finds from the evidence that the elimination of the grade crossing or change in existing overhead or underpass structure is not reasonably necessary for
the safety of the traveling public, it shall, by final judgment, enjoin the department
from enforcing its final order. (4) If the court finds from the evidence that the elimination of the grade crossing or change in existing overhead or underpass structure is reasonably necessary for the
safety of the traveling public, it shall, by final judgment, either order the railroad
company to proceed with the work in accordance with the final order of the
department, or in accordance with other plans and specifications prescribed by the
court. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 63, effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 62, sec. 93. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1).
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4356z-7.