CHAPTER 399

An Act to amend and reenact § 56-369 of the Code of Virginia, relating
to the eumination of grade crossings by change of alignment of roads.
[S 201]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 56-369 of the Code of Virginia, as heretofore amended, be
further amended as follows:

§ 56-369. Elimination of grade crossings by change of alignment
of roads.—Whenever the State Highway Commissioner in improving a
state road proposes 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 may agree with the ratlroad company involved,
on such terms and conditions as he shall deem in the best interest of the
State regarding the plans and specifications, the method and manner of
construction and the division of costs of so changing the alignment of the
highway. In the event the State Highway Commissioner and the railroad
company are unable to agree (1) on the necessity for such change in the
alignment of the highway, or (2) the plans and specifications for the
method and manner of construction thereof, or (3) the portion of the
work, if any, to be done and the share of the cost of such project, if any,
to be borne by the railroad company involved, the State Highway Com-
missioner shall petition the State Corporation Commission setting forth
the plans and specifications for the method and manner of changing the
alignment of the highway and the facts which, in his opinion, justify the
proposed elimination as a public crossing of one or more crossings of the
railroad at grade. Copies of the petition and the plans and specifications
shall forthwith be served by the State Corporation Commission on the
railroad company involved. Within twenty days after service on it of such
petition and plans and specifications, the railroad company involved 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 sur-
rounding the case and shall determine (1) whether public necessity and
convenience justifies or requires the proposed change in the alignment of
the highway which shall not, in respect to any particular project within
the meaning of this section, exceed five miles in length, (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 the
railroad company involved is fair and reasonable, having regard to the
benefits, if any, accruing to such railroad from the elimination of such
grade crossing or crossings, and either dismiss the proceeding as against
the railroad company involved or enter an order deciding and disposing
of all of the matters hereinbefore submitted to its jurisdiction, provided,
however, that the share of the cost of such project which the Commission
may find proper to be borne by the railroad under the provisions of this
section, shall not exceed what the Commission might otherwise decide would
be the proportion of the cost of constructing an overhead or undergrade
structure or structures at the point or points where such grade crossing
or crossings are to be eliminated.