MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Compretta (By Request)

AN ACT TO REQUIRE A DEVELOPER, CORPORATION OR INDIVIDUAL DESIRING A NEW PUBLIC RAILROAD GRADE CROSSING TO BEAR THE COST OF INSTALLING APPROPRIATE WARNING DEVICES AT SUCH CROSSING; TO PROVIDE THAT WHEN AN EXISTING PRIVATE RAILROAD GRADE CROSSING IS PROPOSED TO COME UNDER THE JURISDICTION OF A PUBLIC ENTITY, THE PARTY REQUESTING THE PUBLIC CROSSING SHALL BE RESPONSIBLE FOR THE COST OF INSTALLING APPROPRIATE WARNING DEVICES BEFORE OPENING THE CROSSING TO THE PUBLIC; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any developer, corporation or individual requesting or applying for a new public railroad grade crossing shall be responsible for all costs for installing appropriate warning devices and for obtaining easements to maintain sight distance as deemed necessary for such crossing by a diagnostic survey team comprised of the Mississippi Department of Transportation Rails Engineer, a representative from the Federal Highway Administration, a representative of the affected railroad company and a representative of the affected local governmental jurisdiction.

(2) When an existing private railroad grade crossing maintained by a private party is requested to become a publicly maintained railroad grade crossing, the private party shall be responsible for all costs for installing warning devices and for obtaining easements to maintain sight distances as deemed necessary for safety of the traveling public at such crossing by the diagnostic survey team before opening such crossing to the public. As used in this subsection, the term "private railroad grade crossing" means any privately maintained road or street not under the jurisdiction of a public entity that crosses a railroad, and which is permitted by a private railroad company to cross its railroad tracks.

SECTION 2. The provisions of Section 1 of this act shall be codified in Chapter 9 of title 77, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.