CHAPTER 400

An Act to amend the Code of Virginia by adding a new section numbered
56-406.1 prescribing the procedure for installation of automatically
operated gates, wigwag signals and other electrical or automatic
crossing protection devices.

[S 202]

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 § 56-406.!
as follows:

§ 56-406.1. Proceedings for installation of automatically operated
gates, wigwag signals and other electrical automatic crossing protection
devices. Whenever, in the opinion of the State Highway Commissioner,
the public interest requires that automatically operated gates, wigwag
signals or other electrical or automatic protection devices be installed at
any highway crossing of one or more railroads at grade outside the corpo-
rate limits of any city or incorporated town, and whenever the council of
any city or incorporated town shall be of like opinion as to any highway
or street crossing of one or more railroads at grade within the corporate
limits of such city or incorporated town, the State Highway Commissioner
or the council of such city or incorporated town, as the case may be,
may agree with the railroad company or companies involved, on such
terms and conditions as such commissioner or council shall deem in the
best interest of the public, regarding the plans and specifications, the
method and manner of construction and operation, and the division of the
cost of installing such crossing protection devices. In the event that
such commissioner or council and the railroad company or companies
involved are unable to agree (1) on the necessity for such crossing pro-
tection devices, or (2) the plans and specifications for and the method
and manner of construction or operation thereof, or (3) the share of the
cost of construction, if any, to be borne by the railroad company or com-
panies involved, then the State Highway Commissioner or council, as the
case may be, shall petition the State Corporation Commission setting forth
the plans and specifications for and the method and manner of construction
and operation of the crossing protection devices desired, and the facts
which, in the opinion of the petitioner, justify the installation of the
same. Copies of the petition and plans and specifications shall be forth-
with served by the State Corporation Commission on the railroad com-
pany or companies involved. Within twenty days after service on it of
such petition and plans and specifications, each such railroad company
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
justifies or requires the proposed project, (2) whether the plans and
specifications or the method and manner of construction and operation be
proper and appropriate, and (3) what share of the cost of the project,
if any, to be borne by any railroad company involved is fair and reason-
able, having regard to the benefits, if any, accruing to such railroad com-
pany from the installation of such crossing protection devices, and either
dismiss the proceeding as against such railroad company or enter an
order deciding and disposing of all of the matters hereinbefore submitted
to its jurisdiction. Provided, however, that nothing in this section shall
be taken or construed as repealing or otherwise affecting the provisions
of Section 56-410.