{"data":{"id":"us-ky/krs-177.190","jurisdiction":"us-ky","citation":"KRS 177.190","heading":"Appeal by railroad company to Circuit Court.","body":"(1) Any railroad company dissatisfied with a final order of the department directing the\nelimination of any grade crossing or change of existing overhead or underpass\nstructure, or any order modifying or amending the final order may appeal by filing a\npetition in the clerk's office of the Franklin Circuit Court in accordance with KRS\nChapter 13B.\n(2) On the hearing of the appeal, the Circuit Court shall determine whether the\nelimination of the grade crossing, or the change in existing overhead or underpass\nstructure, is reasonably necessary for the safety of the traveling public, and whether\nthe plans and specifications prescribed by the order of the department are\nreasonably adequate to provide safety of operation for the trains of the railroad\ncompany, its emp loyees and the public, and make reasonably adequate provisions\nfor the future development of the railroad company's facilities.\n(3) If the court finds from the evidence that the elimination of the grade crossing or\nchange in existing overhead or underpass structure is not reasonably necessary for\nthe safety of the traveling public, it shall, by final judgment, enjoin the department\nfrom enforcing its final order.\n(4) If the court finds from the evidence that the elimination of the grade crossing or\nchange in existing overhead or underpass structure is reasonably necessary for the\nsafety of the traveling public, it shall, by final judgment, either order the railroad\ncompany to proceed with the work in accordance with the final order of the\ndepartment, or in a ccordance with other plans and specifications prescribed by the\ncourt.","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5292","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:28Z","sha256":"9799f823618abff83d97900ed94935259f0887a8f96f89b3fb8d75d03164c554","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.180","next":"us-ky/krs-177.200"},"notice":"GroundRules: Original legal text. Not legal advice."}