KRS 177.190: Appeal by railroad company to Circuit Court.

(1) Any railroad company dissatisfied with a final order of the department directing the

elimination of any grade crossing or change of existing overhead or underpass

structure, or any order modifying or amending the final order may appeal by filing a

petition in the clerk's office of the Franklin Circuit Court in accordance with KRS

Chapter 13B.

(2) On the hearing of the appeal, the Circuit Court shall determine whether the

elimination of the grade crossing, or the change in existing overhead or underpass

structure, is reasonably necessary for the safety of the traveling public, and whether

the plans and specifications prescribed by the order of the department are

reasonably adequate to provide safety of operation for the trains of the railroad

company, its emp loyees and the public, and make reasonably adequate provisions

for the future development of the railroad company's facilities.

(3) If the court finds from the evidence that the elimination of the grade crossing or

change in existing overhead or underpass structure is not reasonably necessary for

the safety of the traveling public, it shall, by final judgment, enjoin the department

from enforcing its final order.

(4) If the court finds from the evidence that the elimination of the grade crossing or

change in existing overhead or underpass structure is reasonably necessary for the

safety of the traveling public, it shall, by final judgment, either order the railroad

company to proceed with the work in accordance with the final order of the

department, or in a ccordance with other plans and specifications prescribed by the

court.