<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>370347</law_id><section_number>56-369</section_number><catch_line>Elimination of public grade crossings by change of alignment of public highways or construction of replacement public highways</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="121" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="27" identifier="13">Railroad Corporations</unit><unit label="article" level="3" order_by="3" identifier="3">Extensions; Connections; Crossing Other Railroads, Roads, Etc</unit></structure><text>
						<section><p>Whenever the Commissioner of <span class="dictionary">Highways</span> or the appropriate public road authority in improving the alignment of public <span class="dictionary">highways</span> proposes to change the alignment of the <span class="dictionary">highway</span> or construct a replacement public <span class="dictionary">highway</span> and thereby permanently eliminate as a public crossing one or more crossings of a railroad at grade, he may agree with the <span class="dictionary">railroad company</span> involved, on such terms and conditions as he or the representative of the public road authority shall deem in the best interest of the Commonwealth or locality regarding the plans and specifications, the method and manner of construction and the division of costs of so changing the alignment of the <span class="dictionary">highway</span>. Grade crossings shall be closed when replaced by a new public <span class="dictionary">highway</span>. However, the Commonwealth Transportation Board or the public road authority may authorize the continued use of the crossing for a period of two years following the construction of the new public <span class="dictionary">highway</span> to familiarize the public with the new route.</p><p>In the event the Commissioner of <span class="dictionary">Highways</span> or the public road authority and the <span class="dictionary">railroad company</span> are unable to agree (i) on the necessity for such change in the alignment of the <span class="dictionary">highway</span>, or (ii) the plans and specifications for the method and manner of construction thereof, or (iii) the portion of the work, if any, to be done and the share of the cost of such project, if any, to be borne by the <span class="dictionary">railroad company</span> involved, the Commissioner of <span class="dictionary">Highways</span> or the public road authority shall <span class="dictionary">petition</span> the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> setting forth the plans and specifications for the method and manner of changing the alignment of the public <span class="dictionary">highway</span> and the <span class="dictionary">facts</span> which, in his <span class="dictionary">opinion</span>, justify the proposed elimination as a public crossing of one or more crossings of the railroad at grade. Copies of the <span class="dictionary">petition</span> and the plans and specifications shall forthwith be served by the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> on the <span class="dictionary">railroad company</span> involved. Within twenty days after service on it of such <span class="dictionary">petition</span> and plans and specifications, the <span class="dictionary">railroad company</span> involved shall file an answer with the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> setting out its objections to the proposed project and the <span class="dictionary">Commission</span> shall hear and determine the matter as other matters are heard and determined by that body. The <span class="dictionary">Commission</span> shall consider all the <span class="dictionary">facts</span> and circumstances surrounding the case and shall determine (a) whether public necessity and convenience justifies or requires the proposed change in the alignment of the <span class="dictionary">highway</span> which shall not, in respect to any particular project within the meaning of this section, exceed five miles in length, (b) whether the plans and specifications or method and manner of construction are proper and appropriate, and (c) what portion of the work, if any, to be done and what share of the cost of such project, if any, to be borne by the <span class="dictionary">railroad company</span> involved is fair and reasonable, having regard to the benefits, if any, accruing to such railroad from the elimination of such grade crossing or crossings, and either dismiss the proceeding as against the <span class="dictionary">railroad company</span> involved or enter an <span class="dictionary">order</span> deciding and disposing of all of the matters hereinbefore submitted to its <span class="dictionary">jurisdiction</span>, provided, however, that the share of the cost of such project which the <span class="dictionary">Commission</span> may find proper to be borne by the railroad under the provisions of this section, shall not exceed what the <span class="dictionary">Commission</span> might otherwise decide would be the proportion of the cost of constructing an <span class="dictionary">overpass</span> or <span class="dictionary">underpass</span> structure or structures at the point or points where such public grade crossing or crossings are to be eliminated.</p></section></text><history>1930, p. 891; Michie Code 1942, &#xA7; 3974b; 1952, c. 399; 1996, cc. 114, 157.</history><metadata></metadata></law>
