CHAPTER 462

AN ACT to amend and reenact § 56-367 of the Code of 1950, with
reference to proceedings before the State Corporation Com-
mission in cases of objections by railroads to the proposed

grade crossing eliminations.
[8 218]

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 56-367 of the Code of 1950, be amended and reenacted
as follows:

§ 56-367. Appeal in case of proceedings under previous sec-
tion.— Within twenty days after the receipt from the State High-
way Commissioner, pursuant to the preceding section, of notice of
allocation of funds for the payment of the State’s portion of the
costs of constructing, widening, strengthening, remodeling, rede
signing, relocating, or replacing an overhead or underpass crossing,
or providing a new or improved structure, * * * * and the plans
and specifications therefor, but not thereafter, the railroad com-
pany may file a petition with the State Corporation Commission
setting out its objections to the proposed work, and the Commis-
sion shall hear and determine the complaint as other complaints
are heard and determined by that body, and shall ascertain and
by its order determine whether or not * * * * in the case of an
existing structure the same is dangerous to or insufficient to take
care of the traffic on the highway; or in case of a new structure
there exists a public necessity therefor; and if the railroad com-
pany be not satisfied with the plans and specifications submitted
by the State Highway Commissioner, such company may (1)
within sixty days after the receipt of the plans and specifications,
if the railroad company and the State Highway Commissioner be
unable in the meantime to agree on plans and specifications, in-
cluding the grade of the approaches and the point to which the
liability of the railroad shall extend, or (2) within thirty days
after the entry of the order of the Commission in event of a hear-
ing, as hereinbefore provided before the Commission as to the
danger or insufficiency of an existing structure, or the necessity
for a new structure, as the case may be, 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 State Highway
Commissioner, or other plans in lieu thereof.

It shall thereupon be the duty (1) of the railroad company to
provide all equipment and materials and construct, widen,
strengthen, remodel, redesign, relocate or replace, as the case may
be, the overhead or underpass crossing, or provide a new or im-
proved structure * * * * within its right of way limits, and (2)
of the State Highway Commissioner so to do with respect to the
portion outside of the railroad right of way, unless otherwise
mutually agreed upon, in accordance with the plans and specifica-
tions approved by the State Corporation Commission.