Title 32, Chapter 6, Section 195
( 32-6-195)
(a) The costs of the grade crossing elimination project in which the
railroad or railroads shall be required to share shall include the
costs of surveys, preparation of plans and specifications, the
securing of estimates or bids, if any, and the total cost of
construction of the grade separation structures involved, including
the establishment of drainage and any excavation and other expenses
involved in constructing public roadways or railroad lines under any
grade separation structure. However, the railroad or railroads shall
not be required to participate in the cost of any construction
outside the limits of grade or alignment change required for the
public road to go over or under the track or tracks of the railroad
or railroads nor in any costs apportionable to purposes other than
the elimination of the grade crossing. Where additional lanes are
added to the public road, the railroad's share of the cost, if any,
shall be based on the cost of a grade elimination project having the
same number of lanes as the public road prior to the construction of
said grade elimination project. (b)(1) The costs of the project shall be shared by the parties
involved in such manner as may be agreed upon by the railroad or
railroads involved and the department, county, or municipality.
Such agreement shall have precedence over any existing agreement
on the same subject matter and shall give consideration to the
following factors: the benefits accruing to the railroad or
railroads and to the public, respectively, from the elimination of
the grade crossing; the circumstances under which the grade
crossing was created; any preexisting rights of the railroad or
railroads as result of being first in position; comparison of the
degree of danger caused by the railroad or railroads and by
quantity and character of traffic upon the public road; and what
is generally, under comparable circumstances, considered to be
reasonable, provided that in no event shall the railroad be
required to pay more than 50 percent of the cost of a grade
crossing elimination project on a county road system or on a
municipal street system. In the event agreement cannot be reached,
the determination of what portion of the costs shall be the fair
and reasonable share of the railroads involved shall be made by
the department after reasonable opportunity for hearing to all
parties concerned. In making such determination, the department
shall give due regard to the considerations heretofore enumerated.
The agreed value or, in the absence of agreement, the
independently appraised value of the fee or any lesser interest in
the right of way of the railroad used for such project shall be
determined and such value credited to the railroad as a part of
its participation in the cost of the project, provided that
nothing in this Code section shall prevent the department, county,
or municipality from exercising its rights of eminent domain as
now or hereafter provided by law. (2) As used in this subsection, the term "costs of the project"
means: (A) In the case of a project for part of a county road or
municipal street system, the total costs of such project less
the sum of any funds for such project furnished by the federal
and state governments; and (B) In the case of a project for part of the state highway
system, the total costs of such project less any funds furnished
by the federal government. |