CHAPTER 122

An Act to amend and reenact § 56-406.1 of the Code of Virginia prescrib-
ing the procedure for installation of automatically operated gates,
wigwag signals and other electrical or automatic crossing devices
outside of cities and incorporated towns, so as to prescribe such
procedure with respect to such devices and manually operated gates
or flagmen within cities and incorporated towns, and to repeal §§
56-409 and 56-410 of the Code of Virginia prescribing the procedure
with respect to such devices and manually operated gates and flagmen
within limits of a city or incorporated town and within five miles of
the limits thereof.

[H 176]

Approved March 3, 1954
Be it enacted by the General Assembly of Virginia:

1. ' That § 56-406.1 of the Code of Virginia be amended and reenacted
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 cor-
porate limits of any city or incorporated town, and whenever * in the
opinion of the council of any city or incorporated town the public interest
requires that automatically operated gates, wigwag signals or other electric
or automatic protection devices or manually operated gates be installed or
a flagman stationed and kept at any highway or street crossing of one or
more railroads at grade within the corporate limits of such city or incor-
porated 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 con-
struction 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 protection, * 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 companies involved, then the State Highway
Commissioner or council, as the case may be, shall petition the State
Corporation Commission setting forth the crossing protection desired
and the plans and specifications for and the method and manner of
construction and operation of the devices * desired and the facts which, in
the opinion of the petitioner, justify the requiring of the same. Copies
of the petition and plans and specifications shall be forthwith 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, 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 Commis-
sion shall consider all the facts and circumstances surrounding the case
and shall determine (1) whether public necessity justifies or requires the
proposed protection, (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 reasonable, having
regard to the benefits, if any, accruing to such railroad company from
providing such crossing protection, * 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.*

2. §§ 56-409 and 56-410 of the Code of Virginia are repealed.