KRS 267.140: Conference as to place and method of crossing railroad right-of-way.

Whenever the chief engineer makes a survey to locate a district or to change a natural

watercourse that would cross the right -of-way of any railroad company the board shall

serve written notice upon the local agent of the company, or its lessee or receiver, that the

chief engineer or his assistant will meet the company at the place where the proposed

improvement crosses the right -of-way of the company, at a time stated in the notice, at

least ten (10) days after the service of the notice, to confer with the company concerning

the place where and the manner in which the improvement shall cross the right -of-way.

At this meeting, unless for good cause more time is agreed upon, the engineer and the

railroad company shall agree, if possible, upon the place where and the manner and

method in which the improvement shall cross the right -of-way. If the engineer and the

railroad company cannot agree, or if the railroad company fails to confer with the

engineer, he shall determine the place and manner of crossing the ri ght-of-way, and shall

specify the number and size of openings, and so state in his report.