§ 39-8-2 - Raising or lowering of highway to eliminate grade crossing.
SECTION 39-8-2
§ 39-8-2 Raising or lowering of highway toeliminate grade crossing. – If the city or town council of any city or town where a turnpike or highwaycrossed by a railroad on a level therewith is situated, is of the opinion thatit is necessary for the security of the public that the turnpike or highwayshould be raised or lowered, so as to pass over or under the railroad, they mayrequest in writing that the corporation owning the railroad to raise or lowerthe turnpike or highway. If the corporation neglects or refuses to do so, thecity or town council may apply to the commission to decide upon thereasonableness of the request. If the commission, after due notice and hearingthe parties, shall decide that the lowering or raising of grade is necessaryfor the security of the public, the corporation shall comply with the decision;provided, that either party shall have the right, in accordance with chapter 5of this title, to petition the supreme court for relief, and the court shallhave full power to finally decide the question as to the necessity of changingthe grade. The cost and expense of making the change of grade shall be borne bythe railroad corporation and the city or town asking for the change, in theproportion as may be decided by the court. If, after the decision of the courtthat a change of grade is necessary, or if, having taken no appeal from thedecision of the commission, the corporation shall unreasonably neglect orrefuse to change the grade, the city or town council may proceed to make thechange, and may in an action against the corporation recover all charges andexpenses occasioned by making the alterations.