Chap. 62.—An ACT to amend and re-enact an act entitled “An act to amend
and re-enact an act entitled an act to provide for the construction of over-
head 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, approved March
19, 1926.” [S B 115]

Approved February 27, 1930 ©

1. Be it enacted by the general assembly of Virginia, That an
act entitled “An act to amend and re-enact an act entitled an act to
srovide for the construction of overhead and underpass crossings of
ailroads by State highways, and for the elimination of existing grade
rossings on State highways, and to provide for the payment of the
ost thereof, approved March seventh, nineteen hundred and twenty-
our, approved March nineteenth, nineteen hundred and twenty-six,”
ye amended and re-enacted so as to read as follows: _
Section 1. Whenever a new State road is projected across a rail-
road, or an existing State road is to be so changed as to cross a rail-
road, and the State highway commissioner shall be of the 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 State highway commissioner, necessary for the
public safety or convenience, or whenever, in the opinion of the State
highway commissioner, the public safety and convenience requires that
an overhead or. underpass crossing of a railroad and a State highway
shall be widened, strengthened, remodeled, redesigned, relocated or
replaced, or a new or improved structure provided in lieu thereof, the
State highway commissioner shall notify in writing the railroad com-
pany whose track is to be crossed or upon which the existing crossing
at grade, or the overhead or underpass crossing 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, or the overhead or
underpass is to be widened, strengthened, remodeled, redesigned, re-
located or replaced, or a new or improved structure provided in lieu
thereof, as the case may be, and that the public safety or convenience
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 beneath the tracks
of said railroad, or that the overhead or underpass crossing be widened,
strengthened, remodeled, redesigned, relocated or replaced, or a new
or improved structure provided in lieu thereof, as the case may be.
and shall submit to said railroad company plans and specifications of
the proposed work, 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 pro-
vide all equipment and materials and construct the overhead or under-
pass crossing, or widen, strengthen, remodel, redesign, relocate or re-
place the overhead or underpass crossing, or provide a new or im-
proved structures in lieu thereof, as the case may be, in accordance
with the plans and specifications submitted by the State highway com-
missioner, within its right of way limits and the State highwav commis-
sioner such portion outside of said railroad right of way limits or such
other division of the work as may be mutually agreed on between the
State highway commissioner and the railroad company , provided, how-
ever, that if the railroad company be not satisfied with the plans anc
specifications submitted by the State highway commissioner, such com-
pany may within sixty days after the receipt of said plans and spect.
fications, if the railroad company and the State highway commissione!
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 com-
mission setting out its objections to the plans and specifications and
its recommendations of plans and specifications in lieu thereof, and the
commission shall hear the complaint as other complaints are heard and
determined by that body, and shall approve the plans submitted by the
State highway commissioner, or other plans in lieu thereof; and it shall
thereupon be the duty of the railroad company to provide all equip-
ment and materials and construct, widen, strengthen, remodel, redesign,
relocate or replace, as the case may be, the overhead or underpass
crossing, or provide a new or improved structure in lieu thereof,
within its right of way limits, and the State highway commissioner
the portion outside of the railroad right of way, unless otherwise
mutually agreed upon, in accordance with the plans and specifications
approved by the State corporation commission.

Upon completion of the work, including roadway, approaches,
drains and ditches and structures, in accordance with the plans and
specifications, the railroad company shall file with the State highway
commissioner an itemized statement of the cost of the work done by
such company, certified by an executive officer of such company, and
the State highway commissioner shall file with the railroad company
an itemized statement of the cost of the work done by him, if any,
exclusive in each instance of the cost of right of way, and if the cost of
the work done by the railroad company exceeds one-half of the total
cost of the work done by the railroad company and the State highway
commissioner, and provided the estimated cost of the entire work shall
have first been approved by the State highway commissioner, the Com-
monwealth shall be obliged to pay for the railroad company, within
thirty days, the amount of such excess paid by the railroad company.
If the cost of the work done by the State highway commissioner ex-
ceeds one-half of such total cost, then the railroad company shall,
within thirty days, pay to the Commonwealth the amount of such
excess, such amount to be paid into the State treasury to the credit
of the State highway system construction funds. All costs for which
the State is responsible under this act shall be paid out of funds avail-
able for the construction of roads in the State highway system.

After such work has been done, the railroad company shall main-
tain the portion within the right of way lines, except the surface of
the roadway.