{"data":{"id":"us-ky/krs-178.375","jurisdiction":"us-ky","citation":"KRS 178.375","heading":"Appeals to Circuit Court from final orders of fiscal court.","body":"(1) Any railroad company dissatisfied with a final order of the fiscal court directing the\nelimination of any existing grade crossing or change of existing overhead or\nunderpass structure under KRS 178.355, or a final order in respect of a new\ncrossing under K RS 178.360, may, within twenty (20) days after receipt by the\nrailroad company of a copy of the order, attested by the clerk of the fiscal court, file\nin the clerk's office of the Circuit Court of the county, together with a statement of\nthe reasons why th e order should not be enforced. On the filing of a copy of the\norder and the statement, the circuit clerk shall issue summons thereon in the same\nmanner as summons is issued in equity actions in the Circuit Court. The trial of all\nappeals under this sectio n shall be by a chancellor, and the evidence shall be taken\nby depositions or as the Circuit Court may direct.\n(2) On the hearing of the appeal, the Circuit Court shall determine whether under the\nstandards hereinbefore prescribed, a grade separation or ch ange in an existing\noverhead or underpass structure is reasonably necessary for the public safety,\nwhether the plans and specifications prescribed by such order make reasonably\nadequate provision for present and future safety and convenience of highway tra ffic\nand present and future safety of operation of trains of the railroad company, its\nemployees and passengers, and for future development of highway and railroad\nfacilities.\n(3) Upon submission of the case, the Circuit Court shall embody its findings and\nconclusions of law in a final judgment, which may enjoin the fiscal court from\nenforcing its order, or direct the railroad company to proceed with the work in\naccordance with the order of the fiscal court, or in accordance with other plans and\nspecifications prescribed by the court, or direct the fiscal court to proceed with the\nwork in accordance with plans and specifications prescribed by the court.","path":["KRS Chapter 178"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5462","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"e880df6f1c325b9ac3e04f643724cdbba5739d05ef51c716abe59d1b58715eb8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-178.370","next":"us-ky/krs-178.380"},"notice":"GroundRules: Original legal text. Not legal advice."}