CHAPTER 626

An Act to amend the Code of Virginia by adding thereto a new section
numbered 56-406.2, prescribing the procedure for fixing the cost of
maintaining automatically operated gates, wig-wag signals and other
electrical or automatic crossing devices at highway grade crossings

outside of cities and incorporated towns.
(H 535]
Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a new
§ 56-406.2 as follows:

§ 56-406.2. Proceedings for fixing the cost of maintaining auto-
matically operated gates, wig-wag signals and other electrical or auto-
matic crossing devices at highway grade crossings outside of cities and
incarporated towns. Whenever any automatically operated gate, wig-wag
signal or other electrical or automatic crossing protection device has been
or may hereafter be installed at any highway grade crossing by any rail-
road company outside the corporate limits of any city or incorporated
town pursuant to any agreement between such railroad company and the
State Highway Commissioner and/or pursuant to an order of the State
Corporation Commission as provided in § 56-406.1 of the Code, the State
Highway Commissioner may agree with the railroad company involved
as to the division of the cost of the future maintenance of any such device
or devices. In the event that the Commissioner and the railroad company
involved are unable to agree upon the share of the cost of maintenance
of any such device or devices to be borne by the railroad company, if any,
then such railroad company may file a petition with the State Corporation
Commission setting forth the crossing protection provided at such cross-
ing, the terms of the contract and/or the conditions of the order of said
Commission under which it was constructed and installed and the esti-
mated future annual cost of maintaining the same. Copies of such petition
shall forthwith be served by the State Corporation Commission upon the
State Highway Commissioner who shall, within 20 days after service of
such petition, file an answer thereto setting out his reasons for declining
to participate in the future cost of maintaining such protective device or
devices as requested by the railroad company and the Commission shall
thereupon 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 what share of the
cost of the future maintenance of such protective device or devices, if amy
shall be borne by the railroad company and/or the State Highway Com
mission, having regard to the benefits, if any, accruing to such railn

company from the continued maintenance of such protection of said high
way grade crossing, and either dismiss the proceeding or enter an orde:
deciding and disposing of the matters therein submitted to its jurisdiction