Chap. 213.—An ACT to amend and re-enact an act entitled an act to provide
for the construction of overhead and underpass crossings of railroads by
State highways, and for the elimination of existing grade crossings on State
highways, and to provide for the payment of the costs thereof, approved
March 7, 1924. [S B 39]

Approved March 19, 1926.

1. Beit enacted by the general assembly of Virginia, That when-
ever a new State road is projected across a railroad, or an existing
State road is to be so changed as to cross a railroad, and the chairman
of the highway commission shall be of opinion that the public safety
or convenience at such crossing requires that the State road shall
cross the railroad above or beneath the tracks of the said railroad, or
whenever the elimination of an existing crossing at grade of a State
road by a railroad, or a railroad by a State road, and the substitution
therefor of an overhead or underpass crossing becomes, in the opinion
of the chairman of the highway commission, necessary for the public
safety or convenience, the chairman of the highway commission shall
notify in writing the railroad company whose track 1s to be crossed or
upon which the existing crossing at grade is, as the case may be, stating
particularly the point at which the crossing is desired or the existing
grade crossing is to be eliminated, and that the public safety or con-
venience requires that the crossing be made either above or beneath
the tracks of said railroad, or that the existing grade crossing should
be eliminated or abolished, and a crossing constructed above or be-
neath the tracks of said railroad, and shall submit to said railroad
company plans and specifications of the proposed crossing, the said
crossing to be deemed to start at the points on each side of the tracks
of the railroad, where the grade under the plans and specifications
herein provided for leaves the ground line of the State road to go over
or under, as the case may be, the tracks of the railroad, and to include
all work and structures between said points. It shall thereupon be
the duty of the railroad company to provide all equipment and mater-
ials and construct the overhead or underpass crossing, in accordance
with the plans and specifications submitted by the chairman of the
highway commission; within its right of way limits and the highway
commission such portion outside of said railroad right of way limits
or such other division of the construction work as may be mutually
agreed on between the highway commission and the railroad company;
provided, however, that if the railroad company be not satisfied with
the plans and specifications submitted by the chairman of the highway
commission, such company may within sixty days after the receipt of
said plans and specifications from the chairman of the highway com-
mission, if the railroad company and the chairman be unable in the
meantime to agree on plans and specifications, including the grade of
the approaches and the point to which the liability of the railroad
shall extend, file a petition with the State corporation commission
setting out its objections to the plans and specifications and its recom-
mendations of plans and specifications in lieu thereof, and the com-
mission shall hear the complaint as other complaints are heard and
determined by that body, and shall approve the plans submitted by
the chairman of the highway commission, or other plans in lieu thereof;
and it shall thereupon be the duty of the railroad company to provide
all equipment and materials and construct the overhead or underpass
crossing within its right of way limits, and the State highway com-
mission the portion outside of the railroad right of way unless other-
wise mutually agreed upon in accordance with the plans and specifica-
tions approved by the State corporation commission.

When the railroad company has completed its portion of the con-
struction of the overhead or underpass crossing, in accordance with
the plans and specifications, including roadway, approaches, drains
and ditches and structures, and shall file with the chairman of the
highway commission an itemized statement of the costs thereof,
certified by an executive officer of the railroad company and the State
highway commission shall file a similar statement with the railroad
company showing the cost of the portion constructed by said com-
mission, exclusive of the cost of rights of way, and if the cost of the
portion constructed by the railroad company exceeds one-half of the
total cost of the work done by the railroad company and the State
highway commission, then the State highway commission shall within
thirty days pay to the railroad company the excess cost over the one-
half the total cost; provided that in cases where all the work as done
by the railroad, the State shall nevertheless be responsible for one-
half the cost, and likewise if the portion constructed by the State
highway commission exceeds one-half the total cost, then the railroad
company shall within thirty days pay the highway commission the
excess cost over the one-half of the total cost. The State highway
commission being authorized to pay all costs out of the State highway
fund for the construction of roads within the State highway system;
provided, however, that the total estimated cost of such work shall
have first been approved by the chairman of the State highway com-
mission and the State shall not be responsible for more than one-half
of the total cost of the completed work.

After said crossing has been constructed the railroad company
shall maintain the portion over or under its right of way, except the
surface.