Title 32, Chapter 6, Section 203
( 32-6-203)
Any judgment, decision, or order of the department upon any question
involving the advisability or necessity of eliminating any grade
crossing, of installing any protective device, of improving any
grade crossing structure, or involving any other question concerning
the state highway system arising under this part shall be subject to
judicial review in such manner as is now or hereafter provided by
law. Pending the final determination of any judicial proceedings so
instituted, the department, without prejudice to it or the railroad
involved and at its own risk, may proceed with the work involved in
such litigation, subject to final judgment of the court as to all
questions involved in such litigation. |