                                 CODE OF VIRGINIA

PROCEEDINGS TO AVOID OR ELIMINATE GRADE CROSSINGS BY GRADE SEPARATION OR TO
WIDEN, STRENGTHEN, REMODEL, RELOCATE OR REPLACE EXISTING CROSSING STRUCTURES ON
PUBLIC HIGHWAYS (§ 56-366.1)

Whenever a road in the primary or secondary state highway system or a public
highway maintained by a locality (i) crosses a railroad, (ii) is projected
across a railroad, or (iii) is to be so changed as to cross a railroad, or an
existing overpass or underpass crossing of any such road and a railroad is in
need of widening, strengthening, remodeling, relocating or replacing, and funds
are (or are to be) allocated by the Commonwealth Transportation Board or public
road authority for payment of the locality&#8217;s or state&#8217;s portion of
the cost of constructing such an overpass or underpass structure or for
widening, strengthening, remodeling, relocating or replacing such an existing
structure, the Commissioner of Highways or representative of the public road
authority may agree with the railroad company or companies involved, on such
terms and conditions as he shall deem in the best interests of the Commonwealth
or locality regarding the plans and specifications, the method and manner of
construction and the division of costs and maintenance responsibility of any
such separation of grade structure. In case of a separation of grade by
structure at a new, or an existing, grade crossing, the project, except in
special cases and under special circumstances to be mutually agreed upon by the
Commissioner of Highways, the public road authority, and the railroad company or
companies involved, shall be deemed to start at points on each side of the
tracks of the railroad or railroads where the grade, under the proposed plans
and specifications, leaves the ground line to go over or under, as the case may
be, the tracks of the railroad or railroads.
		In the event the Commissioner of Highways, the public road authority, and the
railroad company or companies involved are unable to agree on (i) the necessity
for the construction of such underpass or overpass structure or for the
widening, strengthening, remodeling, relocating or replacing of any existing
overpass or underpass structure, (ii) the plans and specifications for and
method or manner of construction thereof, or (iii) the portion of the work, if
any, to be done and the share of the cost of such project, if any, to be borne
by each of the railroad company or companies involved, the Commissioner of
Highways or the public road authority shall petition the State Corporation
Commission setting forth the plans and specifications for and the method and
manner of construction of such project and the facts which in his opinion
justify the elimination of the crossing, the erection of a new separation of
grade structure or the widening, strengthening, remodeling, relocating or
replacing of an existing structure and the maintenance responsibility. Copies of
the petition and the plans and specifications shall forthwith be 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, the railroad company or companies 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 (a) whether public
necessity and convenience justifies or requires the construction of such new
separation of grade structure or whether an existing structure is so dangerous
to or insufficient to take care of traffic on the highway as to require the
widening, strengthening, remodeling, relocating or replacing proposed, (b)
whether the plans and specifications or method and manner of construction are
proper and appropriate, and (c) what portion of the work, if any, to be done and
what share of the cost of such project, if any, to be borne by each of the
railroad company or companies involved (excluding the cost of right-of-way) is
fair and reasonable, having regard to the benefits, if any, accruing to such
railroad or railroads from the elimination of such grade crossing or the
widening, strengthening, remodeling, relocating or replacing any existing
overpass or underpass structure, and either dismiss the proceeding as against
the railroad company or companies involved or enter an order deciding and
disposing of all of the matters hereinbefore submitted to its jurisdiction.
		Grade crossings shall be closed when replaced by a new public highway.
However, the Commonwealth Transportation Board or the public road authority may
authorize the continued use of the crossing for a period of two years following
the construction of the new highway to familiarize the public with the new
route.

HISTORY: 1952, c. 398; 1996, cc. 114, 157; 2015, c. 256.