CHAPTER 398

An Act to amend and reenact the Code of Virginia by adding a new section
numbered 56-866.1 prescribing the procedure for avoiding or eliminat-
ing grade crossings on State highways, or to widen, strengthen, re-
model, relocate or replace existing crossings on State highways, ana
to repeal §§ 56-866, 56-367 and 56-868 relating to the same 1H eo 0]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a new section num-
bered 56-366.1 as follows:

§ 56-366.1. Proceedings to avoid or eliminate grade crossings on State
highways or to widen, strengthen, remodel, relocate or replace existing
crossings on State highways.—Whenever a road in the State highway sys-
tem or in the secondary system of State highways (1) crosses a railroad,
(2) is projected across a railroad, (3) is to be so changed as to cross a
railroad, or (4) an existing overhead or underpass crossing of any such
road and a railroad is in need of widening, strengthening, remodelling, re-
locating or replacing, and funds are (or are to be) allocated by the State
Highway Commission for payment of the State’s portion of the cost of
constructing such an overhead or underpass structure or for widening,
strengthening, remodelling, relocating or replacing such an existing struc-
ture, the State Highway Commissioner may agree with the railroad com-
pany or companies, involved, on such terms and conditions as he shall
deem in the best interests of the State regarding the plans and specifica-
tions, the method and manner of construction and the division of costs
of any such separation of grade structure. In case of a separation of
grade by structure at a new, or an existing, grade crossing, the project,
except in special cases and under special circumstances to be mutually
agreed upon by the State Highway Commissioner and the railroad com-
pany or companies involved, shall be deemed to start at points on each
side of the tracks of the railroad or railroads where the grade, under
the proposed plans and specifications, leaves the ground line to go over
or under, as the case may be, the tracks of the railroad or railroads.

In the event the State Highway Commissioner and the railroad com-
pany or companies involved are unable to agree (1) on the necessity for
the construction of such underpass or overpass structure or for the
widening, strengthening, remodeling, relocating or replacing of any
existing overhead or underpass structure, or (2) the plans and specifica-
tions for and method or manner of construction thereof, or (3) the por-
tion of the work, if any, to be done and the share of the cost of such
project, if any, to be borne by each of the railroad company or companies
involved, the State Highway Commissioner shall petition the State Corpo-
ration Commission setting forth the plans and specifications for and the
method and manner of construction of such project and the facts which
in his opinion justify the elimination of the crossing and the erection of a
new separation of grade structure or the widening, strengthening, re-
modelling, relocating or replacing of an existing structure. Copies of the
petition and the plans and specifications shall forthwith be served by the
State Corporation Commission on the railroad company or companies
involved. Within twenty days after service on it of such petition and
plans and specifications, the railroad company or companies shall file an
answer with the State Corporation Commission setting out its objections
to the proposed project and the Commission shall hear and determine the
matter as other matters are heard and determined by that body. The
Commission shall consider all the facts and circumstances surrounding
the case and shall determine (1) whether public necessity and convenience
justifies or requires the construction of such new separation of grade
structure or whether an existing structure is so dangerous to or in-
sufficient to take care of traffic on the highway as to require the widening,
strengthening, remodelling, relocating or replacing proposed, (2) whether
the plans and specifications or method and manner of construction are
proper and appropriate, and (3) what portion of the work, if any, to be
done and what share of the cost of such project, if any, to be borne by each
of the railroad company or companies involved (excluding the cost of right
of way) is fair and reasonable, having regard to the benefits, if any, accru-
ing to such railroad or railroads from the elimination of such grade cross-
ing or the widening, strengthening, remodelling, relocating or replacing
any existing overhead or underpass structure, and either dismiss the pro-
ceeding as against the railroad company or companies involved or enter
an order deciding and disposing of all of the matters hereinbefore sub-
mitted to its jurisdiction. |

2. That §§ 56-366, 56-367 and 56-368 be repealed.