Title 32, Chapter 6, Section 191
( 32-6-191)
(a) Where a new grade crossing results from the construction of a
new or relocated railroad line, the railroad shall be responsible
for and bear all expenses of the construction of such grade
crossing. The department, when such a grade crossing is on the state
highway system, a county, when such a grade crossing is on its
county road system, or a municipality, when such a grade crossing is
on its municipal street system, may impose such terms and conditions
on the nature and manner of construction of such a grade crossing,
including the installation of protective devices, as may be
reasonably necessary for the safety and convenience of the traveling
public. (b) Where a new grade crossing results from the construction of a
new or relocated public road, the department, when such road is on
the state highway system, a county, when such road is on its county
road system, or a municipality, when such road is on its municipal
street system, shall be responsible for and bear all expenses of the
construction of such grade crossing. The railroad may impose such
terms and conditions on the nature and manner of construction of
such a grade crossing, including the installation of protective
devices, as may be reasonably necessary for the safety and
convenience of the traveling public. While on the right of way of
any railroad during the construction of any such grade crossing,
employees or contractors of the department or any county or
municipality shall be subject to such rules and regulations of the
railroad as may be reasonably necessary for the protection of its
traffic, passengers, property, and its safe operation. (c) Notwithstanding subsection (b) of this Code section, the department, in respect to a grade crossing on the state highway system, a county, in respect to a grade crossing on its county road system, or a municipality, in respect to a grade crossing on its municipal street system, may close and relocate an existing grade crossing by relocation of a part of the public road involved, whenever such closing and relocation is reasonably necessary in the interest of public safety; and the procedure for such closing and relocation and the division of the costs of construction shall be the same as provided in Code Sections 32-6-194 and 32-6-195 for elimination of a grade crossing by construction of an underpass or overpass. (d) Where there is disagreement as to the terms and conditions
imposed on the nature and manner of construction by the department,
county, or municipality pursuant to subsection (a) of this Code
section or by the railroad pursuant to subsection (b) of this Code
section, the department shall make such determination after
reasonable opportunity for a hearing is given to all parties
concerned. |