Chap. 416.—An ACT for the elimination of grade crossings by State roads
and railroads and to provide for the sharing of the costs of improvement
of State roads resulting in the elimination of such grade crossings. [S B 256]

Approved March 25, 1930

1. Be it enacted by the general assembly of Virginia, That when-
ever the State highway commissioner in improving a State road pro-
poses to change the alignment of the highway and thereby permanently
eliminate as a public crossing one or more crossings of a railroad at
grade, he shall so notify the railroad company over whose lines such
crossing or-crossings may be, and unless the State highway commis-
sioner and such railroad company shall agree on some specific amount,
such railroad company shall be liable to the Commonwealth of Vir-
ginia for one-half (3%) of the amount in which the cost of improving
the road along a line eliminating such crossing or crossings would ex-
ceed the cost of similarly improving the road along the line including
the crossing or crossings; provided that such new alignment of the
highway shall not exceed five miles in length; provided, further, that
such one-half of the excess cost chargeable to the railroad shall not
exceed the proportion of the cost of constructing an overhead or
undergrade crossing at the point or points where such grade crossing
or crossings are eliminated, which would be chargeable to the railroad,
as now provided by law.
Such excess of cost shall be determined by the State highway com-
missioner upon engineering surveys and estimates of the cost of im-
proving along each line, and the State highway commissioner shall
notify each railroad company of such surveys and estimates.

In the event such railroad company is dissatisfied with the decision
of the State highway commissioner as to such excess cost, it may,
within thirty days after notice of the decision of the State highway com-
missioner, but not thereafter, file with the State corporation commission,
a petition setting out its objections to the surveys and estimates of the
State highway commissioner, and the commission shall hear the com-
plaint as other complaints are heard and determined by that body and
shall determine the amount of such excess cost for which such rail-
road company is liable.

When the State highway commissioner has improved such road
so as to permanently eliminate such crossing or crossings at grade as
public crossings, he shall notify the railroad company, and it shall be
the duty of such company to pay the amount so agreed upon or deter-
mined as its one-half (34) of such excess costs into the State treasury
within thirty (30) days, and the said sum shall be credited to the
State highway system construction fund.