Responsibility for Construction of New Grade Crossings and Relocation of Existing Grade Crossings

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Regulation of Maintenance and Use of Public Roads Generally
  5. Public Utilities
  6. Railroads
  7. Responsibility for Construction of New Grade Crossings and Relocation of Existing Grade Crossings

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  1. Where a new grade crossing results from the construction of a new or relocated railroad line, the railroad shall be responsible for and bear all expenses of the construction of such grade crossing. The department, when such a grade crossing is on the state highway system, a county, when such a grade crossing is on its county road system, or a municipality, when such a grade crossing is on its municipal street system, may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be necessary for the safe and reasonable passage of public traffic.
  2. Where a new grade crossing results from the construction of a new or relocated public road, the department, when such road is on the state highway system, a county, when such road is on its county road system, or a municipality, when such road is on its municipal street system, shall be responsible for and bear all expenses of the construction of such grade crossing. The railroad may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be reasonably necessary for the safety and convenience of the traveling public. While on the right of way of any railroad during the construction of any such grade crossing, employees or contractors of the department or any county or municipality shall be subject to such rules and regulations of the railroad as may be reasonably necessary for the protection of its traffic, passengers, property, and its safe operation.
  3. Notwithstanding subsection (b) of this Code section, the department, in respect to a grade crossing on the state highway system, a county, in respect to a grade crossing on its county road system, or a municipality, in respect to a grade crossing on its municipal street system, may close and relocate an existing grade crossing by relocation of a part of the public road involved, whenever such closing and relocation is reasonably necessary in the interest of public safety; and the procedure for such closing and relocation and the division of the costs of construction shall be the same as provided in Code Sections 32-6-194 and 32-6-195 for elimination of a grade crossing by construction of an underpass or overpass.
  4. Where there is disagreement as to the terms and conditions imposed on the nature and manner of construction by the department, county, or municipality pursuant to subsection (a) of this Code section or by the railroad pursuant to subsection (b) of this Code section, the department shall make such determination after reasonable opportunity for a hearing is given to all parties concerned.

(Code 1933, § 95A-1007, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 2002, p. 1050, § 3.)

Law reviews.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U. L. Rev. 213 (2002).

JUDICIAL DECISIONS

Section applicable to new grade crossings only.

- O.C.G.A. § 32-6-191 by the statute's plain language applies only to a new grade crossing and is inapplicable if there is neither a new nor relocated railroad line. Chatham County Comm'rs v. Seaboard Coast Line R.R., 169 Ga. App. 607, 314 S.E.2d 449 (1984).

RESEARCH REFERENCES

ALR.

- Customary or statutory signal from train as measure of railroad's duty as to warning at highway crossing, 5 A.L.R.2d 112.


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