RS 390.1 - Railroad grade crossing elimination; parish and municipal roads
A.(1) The department is authorized to evaluate the need to close any public railroad grade crossing on a non-state maintained highway within the territorial jurisdiction of any local governing authority in compliance with federal guidelines pursuant to 23 USC 130, known as the Federal Railroad Crossing Safety Program. The department's evaluation shall be conducted in accordance with federal guidelines and Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects.
(2) If the evaluation suggests that closure of a public grade crossing on a non-state maintained highway is necessary for safety and in the best interest of the public, the department shall encourage public participation in accordance with the following procedure:
(a) Provide written notice to the local governing authority with jurisdiction over the non-state maintained highway, the railroad company whose railroad tracks are crossed at grade by the highway, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, and any other party deemed by the department to be interested in the necessity to close a public grade crossing.
(b) The notice shall establish a set time period of not less than thirty days for the local governing authority, railroad, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, or other interested party to respond to the department.
(c) The department shall attempt to address concerns of the local governing authority, the railroad, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, or other interested party timely communicated to the department in writing or received at any public hearing held by the local governing authority relative to closure.
(3) Upon compliance with Paragraph (2) of this Subsection, if the department opines that closure of a public grade crossing satisfies the guidelines established by the Federal Railroad Crossing Safety Program, is necessary for safety and in the best interest of the public, the department is authorized to issue a notice of intent and written determination to close an existing public grade crossing on a non-state maintained highway, which determination will include a summary of findings, the manner in which such closure is to be made, and any alterations to be made to the crossing.
(4) The department shall mail a copy of the notice of intent and determination pursuant to Paragraph (3) of this Subsection to the local governing authority with jurisdiction over the non-state maintained highway and the railroad. The local governing authority may submit a written request to the chief engineer for reconsideration of the department's determination. A reconsideration request shall be postmarked within fifteen calendar days, excluding weekends and holidays, from the date of mailing of the notice. A rail safety reconsideration board composed of the secretary, the chief engineer, and the executive director of the Louisiana Highway Safety Commission shall consider the request and issue a final determination not later than fifteen calendar days, excluding weekends and holidays, of the date of receipt of the local governing authority's reconsideration request. The determination of the rail safety reconsideration board shall be final.
(5) Notwithstanding any provision of this Part or any other law to the contrary, when the department has finally determined that closure of a public grade crossing on a non-state maintained highway is necessary for the safety and in the best interest of the public, the public grade crossing on the non-state maintained highway shall be closed by cooperative action between the department and the railroad.
(6) Payment of costs to close a public grade crossing pursuant to a final closure determination pursuant to this Subsection shall not be an obligation of the local governing authority.
B. Notwithstanding any other law to the contrary, no provision of R.S. 48:390, this Section, or any action or omission of the department, railroad, or any local governing authority pursuant to 23 USC 130 shall impose liability of any nature upon the state of Louisiana or any agency or department thereof or constitute transfer or assumption of care, custody and control of the non-state maintained highway and public grade crossing by the state of Louisiana, or any department or agency thereof, particularly the Department of Transportation and Development, nor shall any action or omission of the department or any local governing authority be discoverable or admissible in any state court in Louisiana, and no record or document of the department or any local governing authority compiled or prepared pursuant to R.S. 48:390, this Section or 23 USC 130 shall be discoverable or admissible in any state court in Louisiana.
C. Nothing in this Section shall be construed as amending, repealing or modifying any duty or responsibility that a local governing authority or a railroad had, if any, immediately before August 15, 2005, with regard to any applicable state or federal law.
D. The department shall, no later than December 31, 2012, promulgate rules and regulations pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate committees on transportation, highways, and public works, to implement the provisions of Subsection A of this Section, including but not limited to notice, whom to notify, methods of notice, and posting requirements.
Acts 2005, No. 347, §1; Acts 2012, No. 406, §1.