{"data":{"id":"us-ky/krs-178.360","jurisdiction":"us-ky","citation":"KRS 178.360","heading":"Grade separation of proposed railroad and county road crossings.","body":"(1) After June 19, 1952, if the fiscal court proposes to construct a new county road\nacross an existing railroad, or a railroad company proposes to construct a new\nrailroad across an existing county road, the party proposing such construction shall\nprovide the other party with plans and specifications for its proposed construction,\nshowing the location thereof, and, if the proposed crossing is to be separated, a\ngeneral plan for such separation. The fiscal court shall give at least ten (10) days'\nnotice of a he aring to be held at a time and place stated in the notice, at which\nhearing it shall consider whether the proposed crossing shall be approved and\nwhether a grade separation is reasonably necessary for the present and future safety\nand convenience of highway traffic and present and future efficient operation of the\nrailroad company's facilities and the safety of its employees and passengers, and in\naccordance with the standards prescribed for grade separations in KRS 178.355.\n(2) If the fiscal court shall fi nd that a grade separation is reasonably necessary at such\nproposed crossing, it shall approve, or provide for the submission and subsequent\napproval of, plans and specifications for the grade separation. The determinations of\nthe fiscal court shall be by order, and its final determination shall be by final order,\nwhich shall fix the method of doing the work in the manner provided in subsection\n(4) of KRS 178.355, and which shall be served on the railroad company by certified\nmail, return receipt requested.  If the fiscal court orders a grade separation at such\nproposed crossing, the entire cost of such separation shall be borne by the party\nproposing the crossing.\n(3) The fiscal court and the railroad company may agree by contract as to the method of\nconstructing grade separations under this section and the distribution or allocation\nof cost thereof, under this section, and in such event, all notices, hearings and orders\nshall be deemed to have been waived, and the construction of the crossing shall be\nperformed in accordance with the terms of the contract, with the same effect as\nthough the work was being performed pursuant to a final order of the fiscal court.","path":["KRS Chapter 178"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5459","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"3d4508407d5d7baf98cd885a5f45eb704914d316b54f7c0a5e7bc9388cff062e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-178.355","next":"us-ky/krs-178.365"},"notice":"GroundRules: Original legal text. Not legal advice."}