CHAPTER 218

An Act to amend the Code of Virginia by adding a section numbered
56-366.2, relating to certain crossings on streets and roads in cities
and towns.

[fH 509]

Approved March 11, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
56-366.2 as follows:

§ 56-366.2. Whenever a street or road in a city or town (1) crosses
@ 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 street or road and a railroad is in need of widening, strengthen-
ing, remodelling, relocating or replacing, and funds are (or are to be)
allocated by the city or town for payment of the city or town’s portion of
the cost of constructing such an overhead or underpass structure or for
widening, strengthening, remodelling, relocating or replacing such an
existing structure, the Council, or other governing body, or other proper
authorities of the city or town may agree with the railroad company or
companies involved, on such terms and conditions as they shall deem in
the best interests of the city or town regarding the plans and specifications,
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 Council, or other governing body, or other proper authorities of the
city or town and the railroad company 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 Council, or other governing body, or other proper
authorities of the city or town and the railroad company 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,
remodelling, relocating or replacing of any existing overhead or underpass
structure, or (2) the plans and specifications for and method or manner
of construction thereof, or (8) 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 each of the
railroad company or companies involved, the Council, or other governing
body, or other proper authorities of the city or town shall petition the State
Corporation Commission setting forth the plans and specifications for and
the method and manner of construction of such project and the facts which
in their opinion justify the elimination of the crossing and the erection
of a new separation of grade structure or the widening, strengthening,
remodelling, 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 insufficient to take
care of traffic on the street, road or 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 (8) 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, accruing to such railroad or railroads from the elimination of such
grade crossing or the widening, strengthening, remodelling, relocating or
replacing any existing overhead or underpass structure, and either dismiss
the proceeding as against the railroad company or companies involved or
enter an order deciding and disposing of all of the matters hereinbefore
submitted to its jurisdiction.