CHAPTER 528

An Act to amend and reenact § 56-406.2 of the Code of Virginia, as
amended, relating to proceeding for fixing cost of maintaining auto-
matically operated crossing protection devices at crossings outside of
cities and towns.

[H 522]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 56-406.2 of the Code of Virginia, as amended, be amended and
reenacted as follows:

§ 56-406.2. Proceeding for fixing cost of maintaining such devices at
crossings outside of cities and certain towns.— Whenever any automatically
operated gate, wigwag signal or other electrical or automatic crossing
protection device has been or may hereafter be installed at any highway,
road or street grade crossing by any railroad company outside the corporate
limits of any city or incorporated town, or at any such crossing inside the
corporate limits of any incorporated town having a population of thirty-five
hundred or less where the street involved is maintained by the State High-
way Commission, pursuant to any agreement between such railroad
company and the State Highway Commissioner or 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any county that has withdrawn its roads from the secondary system of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 and/or pursuant
to an order of the State Corporation Commission as provided in § 56-406.1
of the Code, the State Highway Commissioner or the governing body 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 or the governing body 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 Commis-
sion setting forth the crossing protection provided at such crossing, the
terms of the contract and/or the conditions of the order of said Commission
under which it was constructed and installed and the estimated 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 or the governing body who shall, within 20 days after
service of such petition, file an answer thereto setting out * reasons for
declining to participate in the future cost of maintaining such protective
device or devices as requested by the railroad company and the Com-
mission 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 any, shall be borne by the railroad company and/or the State
Highway Commission or the county, having regard to the benefits, if any,
accruing to such railroad company from the continued maintenance of
such protection of said highway, road or street grade crossing, and either
dismiss the proceeding or enter an order deciding and disposing of the
matters therein submitted to its jurisdiction.

The provisions of this section shall not apply to any automatically
operated gate, wigwag signal or other electrical or automatic crossing
protection device installed prior to January 1, 1962, at any grade crossing
on any county road in any county that has withdrawn its roads from the
secondary system of State Highways unless and until such time as such
county shall bring itself back within such secondary system of State
Highways under the provisions of § 38-53.