Chap. 120.—An ACT to provide for the construction of overhead 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. ‘(S B 92]

Approved March 7, 1924.

1. Beit enacted by the general assembly of Virginia, That whenever
a new State road 1s projected across a railroad, or an existing State road
is to be so changed as to cross a railroad, and the chairman of the high-
way commission shall be of 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 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, becomes, in the opinion of the chairman of the highway
commission, necessary for the public safety or convenience, the chairman
of the highway commission shall notify in writing the railroad company
whose track is to be crossed or upon which the existing crossing at grade
is, as the case may be, stating particularly the point at which the crossing
is desired of the existing grade crossing is to be eliminated, 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, and shall submit to said
railroad company plans and specifications of the proposed crossing. It
shall thereupon be the duty of the railroad company to provide all equip-
ment and materials and construct the overhead or underpass crossing,
within its right of way lines, in accordance with the plans and specifica-
tions submitted by the chairman of the highway commission: provided,
however, that if the railroad company be not satisfied with the plans
and specifications submitted by the chairman of the highway commis-
sion, such company may within sixty days after the receipt of said plans
and specifications from the chairman of the highway commission, if the
railroad company and the chairman be unable in the meantime to agree
on plans and specifications, file a petition with the State corporation
commission, 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 chairman of the highway commission, or other plans in leu
thereof; and it shall thereupon be the duty of the railroad company to
provide all equipment and materials and construct the overhead or
underpass crossing, within the right of way lines of said company, in
accordance with the plans and specifications approved by the State
corporation commission.

When the railroad company has completed the construction of the
overhead or underpass crossing, in accordance with the plans and speci-
fications, including roadway, approaches, drains and ditches and struc-
tures, and shall file with the chairman of the highway commission an
itemized statement of the costs thereof, certified by an executive officer
of the railroad company, the State shall pay one-half of the costs of such
construction, to be paid out of the State highway fund, as funds for the
construction of roads in the State highway system are paid: provided,
however, that the maximum costs of such work shall first have been
approved by the chairman of the highway commission, and the State
shall not be responsible for more than one-half of said maximum costs.

After said crossing has been constructed the railroad company shall
maintain it.