{"data":{"id":"us-ky/krs-178.355","jurisdiction":"us-ky","citation":"KRS 178.355","heading":"Procedure for ordering elimination of grade crossings or change of existing","body":"overhead or underpass structure crossing county road.\n(1) Whenever the fiscal court considers it reasonably necessary for the public safety, it\nmay in the manner hereinafter provided, order any railroad company, either steam or\nelectric, owning or operating a railroad in its county, to eliminate any existing grade\ncrossing or change any existing overhead or underpass structure where any county\nroad crosses the railroad tracks of such company.\n(2) The fiscal court shall give at least ten (10) days' notice by certified mail, return\nreceipt requested to the railroad company of a hearing to be held at a time and place\nstated in the notice, at which hearing it shall consider whether or not the proposed\ngrade separation or change is reasonably necessary and the most advantageous\nmethod of effecting the grade separation or change. In determining whether the\nproposed grade separation or change is reasonably necessary, the fiscal court sh all\nreceive evidence of, and shall consider, all relevant facts, including the present and\nprospective density of highway traffic and the present and prospective frequency\nand speed of train movements over the crossing, the adequacy of existing or\nproposed signals or warning devices for the protection of highway traffic at the\ngrade crossings, the possibility and probability of personal injury to the public using\nthe highway and to employees and passengers of the railroad company and damage\nto property, and  the cost of the grade separation or change in relation to benefits\nresulting from the proposed construction. If the fiscal court finds that the grade\nseparation or change is reasonably necessary, it shall make an order to that effect\nand furnish a copy th ereof by certified mail, return receipt requested to the railroad\ncompany. The order shall specify a general plan for the new or changed grade\nseparation. The order shall direct the railroad company to prepare plans,\nspecifications and estimates of cost for the grade separation or change in accordance\nwith the general plan prescribed by the order, or may provide that the plans,\nspecifications and estimates of cost shall be prepared by the county if the grade\nseparation structure shall pass over the railroad tracks. The plans, specifications and\nestimates of cost may, if requested by any public utility, provide facilities for such\npublic utility.\n(3) Within ninety (90) days after the entry of an order directing a grade separation or\nchange, and the preparatio n of plans, specifications and estimates of cost by the\nrailroad company, the railroad company shall present to the fiscal court, plans,\nspecifications and estimates of cost for the grade separation or change, including the\nnecessary approaches thereto.\n(4) After receipt of the plans, specifications and estimates of cost from the railroad\ncompany the fiscal court shall give at least ten (10) days' notice by certified mail,\nreturn receipt requested to the railroad company of a time and place for final hearing\nwith respect to the grade separation or change. If the fiscal court elects to prepare\nplans, specifications and estimates of cost, it shall furnish copies thereof to the\nrailroad company prior to or at the time it gives notice of a final hearing. At the\nfinal hearing the fiscal court shall consider whether or not the plans make\nreasonably adequate provision for present and future safety and convenience of\nhighway traffic and present and future safety and efficiency of operation of trains of\nthe railroad c ompany, its employees and passengers, and for the development of\nhighway and railroad facilities, and shall approve or modify the plans and\nspecifications. It shall then consider and determine the method of doing the work,\nwhether by the railroad company or by the county, or partly by one and partly by the\nother, and whether by contract or by the employees of the county or the railroad\ncompany, or both, or by any combination of these methods, and if by contract, the\nmethod and manner of advertising for bids , the time and place of opening the bids,\nthe time when work shall be begun and completed, and all similar matters of an\nadministrative nature. The fiscal court shall embody its conclusions in a final order,\na copy of which shall be sent by certified mail,  return receipt requested to the\nrailroad company.\n(5) The fiscal court may reject or order the rejection of all bids submitted for the work,\nor any part thereof, and require a readvertisement for bids. The fiscal court may\nreject all bids and elect to do the work itself, or partly by itself and by the railroad\ncompany, or by contractors, or by a combination of these methods. If the work\nincludes a structure to support the railroad tracks, the railroad company shall have\nthe right to supervise the construct ion of that part of the work. If the fiscal court\nelects to do the work itself there shall not be charged to the railroad company any\nsum in excess of that it would have been required to pay had the contract been let to\nthe lowest bidder.\n(6) In all cases where the work is let by the railroad company on contract, the work\nshall be done under the general supervision of the county road engineer.\n(7) The cost of all work incident to or occasioned by the elimination of the grade\ncrossing and the construction of  a substituted crossing, or the reconstruction of an\nexisting overhead or underpass structure, including, without limitation of the\ngenerality of the foregoing, the cost of preparing plans and specifications, the cost\nof acquisition of necessary property and property damage, if any, the construction of\napproaches, drainage structures, and streets and pavements, shall be paid in the\nproportion of fifteen percent (15%) by the railroad company and eighty-five percent\n(85%) by the county.\n(8) As the work progre sses the fiscal court shall furnish to the railroad company, and\nthe railroad company shall furnish to the fiscal court, a monthly statement showing\nin detail all amounts expended in connection with the work. On or about the\nfifteenth of each month, the county road engineer shall prepare a statement showing\nthe total amount expended to the close of the preceding month, the amount paid or\nexpended by each party up to that time, and the amount due from the county to the\nrailroad company or from the railroad c ompany to the county. Upon receipt of the\nstatement each party shall pay to the other the amounts shown to be due thereby.\n(9) All payments made on such monthly statements shall be considered only payments\non account, and upon final completion of the work the county road engineer shall\nprepare and furnish to the railroad company a statement showing the total cost of\nthe work, the amount paid or expended by the county or the railroad company, and\nthe amount due from one to the other. Each party shall be affo rded reasonable\nopportunities to verify the statements of expenditures by the other, and the balance\ndue as certified by the county road engineer in his final statement shall be paid by\none party to the other promptly upon receipt of such final statement.\n(10) The fiscal court and any railroad company may agree by contract as to the method\nof eliminating any grade crossing or changing any existing overhead or underpass\nstructure. In event of such agreement all notices, hearings and proceedings shall be\ndeemed to have been waived, and the work of eliminating the grade crossing or\nmaking the change shall be performed in accordance with the terms of the contract,\nwith the same effect as though the work were being performed pursuant to a final\norder of the fiscal court.","path":["KRS Chapter 178"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5458","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"812fdca2d468ff365e081608210c02ee575ccbc6ce828262cfdfa4892e7e1611","source_id":"us-ky","stale":false,"prev":"us-ky/krs-178.350","next":"us-ky/krs-178.360"},"notice":"GroundRules: Original legal text. Not legal advice."}