CHAPTER 572

AN ACT to amend and reenact § 56-366 of the Code of Virginia,
1950, with reference to the avoidance or elimination of cross-
ings on State highways.

[S 219]

Approved April 11, 1950

Be it enacted by the General Assembly of Virginia:
. That § 56-366 of the Code of Virginia, 1950 be amended and
eenacted as follows:
§ 56-366. Proceedings to avoid or eliminate grade crossings
on State highways; subsequent maintenance.—Whenver (1) a road
in the State highway system * * * * is projected across a railroad,
or such a road is to be so changed as to cross a railroad, and funds
are allocated by the State Highway Commission for the payment
of the State’s portion of the costs of constructing over or under
the tracks of the railroad, as the case may be, or (2) funds are
so allocated for the payment of the State’s portion of the costs of
elimination of a crossing at grade of such a road and a railroad
and the substitution therefor of an overhead or an underpass cross-
ing, or (3) in case of an overhead or an underpass crossing of a
railroad and a road in the State highway system * * * * danger-
ous to or insufficient to take care of traffic on the highway, funds
are so allocated for the payment of the State’s portion of the costs
of constructing, widening, strengthening, remodeling, redesigning,
relocating, or replacing such overhead or underpass crossing or
providing a new or improved structure * * * *, the State Highway
Commissioner shall notify in writing the railroad company whose
track is to be crossed, or upon which the existing crossing at grade,
or the overhead or underpass crossing, as the case may be, is, that
funds have been allocated for the payment of the State’s portion
of the costs of the proposed work, and shall submit to such rail-
road company plans and specifications of the proposed work, such
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 specifi-
cations 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 such points. It
shall thereupon be the duty (1) of the railroad company to provide
all equipment and materials and construct the overhead or under-
pass crossing, Or widen, strengthen, remodel, redesign, relocate
or replace the overhead or underpass crossing, or provide a new
or improved structure * * * * , as the case may be, in accordance
with the plans and specifications submitted by the State Highway
Commissioner, within its right of way limits and (2) of the State
Highway Commissioner so to do with respect to the portion out-
side of such railroad right of way limits unless otherwise mutually
agreed on between the State Highway Commissioner and the rail-
road company.