CHAPTER 527
An Act to amend and reenact § 56-406.1 of the Code of Virginia, as
amended, relating to proceedings for installation of automatically
operated gates, wigwag signals or other electrical or automatic cross-
ing protection devices.

[H 521]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 56-406.1 of the Code of Virginia, as amended, be amended and
reenacted as follows:

§ 56-406.1. Proceedings for installation of automatically operated
gates, wigwag signals and other electrical or automatic crossing protection
devices.—Whenever, in the opinion of the State Highway Commissioner,
or of the governing ‘body of any county that has withdrawn its roads from
the secondary system of State Highways as to roads maintained by such
county, the public interest requires that automatically operated gates, wig-
wag signals or other electrical or automatic protection devices be installed
at any highway, road or street crossing of one or more railroads at grade
outside the corporate limits of any city or incorporated town, and when-
ever 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 incorporated town, the State Highway Commissioner,
or the governing body of such county, or the council of such city or incor-
porated town, as the case may be, may agree with the railroad company
or companies involved, on such terms and conditions as such Commis-
sioner, governing body 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, govern-
ing body 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 construc-
tion 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, governing body 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 Commission shall consider all the facts and circumstances sur-
rounding the case and shall determine (1) whether public necessity justi-
fies or requires the proposed protection, (2) whether the plans and speci-
fications 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 proceed-
ing as against such railroad company or enter an order deciding and
disposing of all of the matters hereinbefore submitted to its Jurisdiction.