KRS 277.065: Allocation of costs of eliminating grade crossings between railroad and

governmental unit.

The entire construction costs of projects for the elimination of hazards of railroad -

highway crossings, including the separation or protection of grades at cros sings, the

reconstruction of existing railroad grade crossing structures, and the relocation of

highways to eliminate railroad grade crossings which may be paid for in whole or part

from state funds, including, but not limited to, the cost of preparing the plans and

specifications and supervising the improvement, the acquisition of necessary property, the

construction of approaches, drainage structures, roadways and pavements,

accommodations for public utilities, and damages paid to abutting property owners , shall

be allocated between the railroad involved, and the governmental unit or units involved in

the same ratio as the net benefit received by such railroad from the project bears to the net

benefit accruing to the public using the highway, and in no cas e shall the net benefit to

any railroad or railroads be deemed to be more than ten percent (10%) of the total benefit

resulting from the project. The Department of Highways shall be responsible for

determining the proportion of the benefits derived by the railroad from the project, and

shall fix standards for the determining of said benefits which shall be consistent with the

standards adopted for similar purposes by the United States Bureau of Public Roads under

the Federal-Aid-Highway Act of 1944. The cos t of maintenance of all structures for the

elimination of railroad grade crossings, and of installations for the protection of existing

grade crossings, constructed or installed under this section, shall be borne by the

governmental unit or units construct ing them. Before any state funds shall be expended

for any project constructed under this section, a contract shall be entered into between the

railroad and the governmental unit or units involved setting forth the duties of each as to

construction and maintenance of the project.