KRS 178.310: County roads taken for railroad purposes -- Correction of unsafe

conditions.

(1) The fiscal court of a county in which any county road or portion thereof is taken for

railroad purposes may, upon petition of any party interested, served upon the

railroad company as any other civil process, appoint a committee of three (3) to

inquire whether the road or portion thereof is unsafe for travel by reason of the

railroad, and whether an alteration of the old road or the construction of a new road

is necessary.

(2) The committee shall examine the place where the danger is complained of, and shall

give fifteen (15) days' written notice to the persons making the complaint and the

persons complained of, of an opportunity to be heard. After the hearing, the

committee shall report its findings to the fiscal court, which may make an order

concerning the matter.

(3) If the fiscal court orders any alteration or construction, and the railroad company

fails to comply with the order, the fiscal court shall have the work d one and may

recover the cost from the railroad company, in the same manner that the cost of

removing obstructions is recovered under KRS 179.280.

(4) This section shall not apply to street railways or to public roads located in

incorporated cities which h ave control of their roads, streets and alleys, or to roads

which have been constructed since the railroad.