MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Highways and Transportation

By: Senator(s) Little (By Request)

AN ACT TO REQUIRE A DEVELOPER, CORPORATION OR INDIVIDUAL REQUESTING OR APPLYING FOR A NEW PUBLIC RAILROAD GRADE CROSSING TO BE RESPONSIBLE FOR ALL COSTS FOR INSTALLING APPROPRIATE WARNING DEVICES AND FOR OBTAINING EASEMENTS TO MAINTAIN SIGHT DISTANCES AS DEEMED NECESSARY BY A DIAGNOSTIC SURVEY TEAM; TO PROVIDE THAT WHEN AN EXISTING PRIVATE RAILROAD GRADE CROSSING IS PROPOSED TO BECOME A PUBLICLY MAINTAINED RAILROAD GRADE CROSSING, THE PRIVATE PARTY SHALL BE RESPONSIBLE FOR ALL THE COSTS OF INSTALLING WARNING DEVICES AND FOR OBTAINING EASEMENTS TO MAINTAIN SIGHT DISTANCES AS DEEMED NECESSARY BY A DIAGNOSTIC SURVEY TEAM BEFORE OPENING SUCH CROSSING; TO PROVIDE FOR THE COMPOSITION OF THE DIAGNOSTIC SURVEY TEAM; 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 distances as deemed necessary for the safety of the traveling public at such crossing by a diagnostic survey team. Such warning devices shall be installed and such easements shall be obtained before such crossing may be opened to the public.

(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 the costs of installing appropriate warning devices and for obtaining easements to maintain sight distances as deemed necessary for the safety of the travelling public at such crossing by a diagnostic survey team. Such warning devices shall be installed and such easements shall be obtained before such crossing may be opened to the public. As used in this subsection, the term "private railroad grade crossing" means any privately maintained road or street that crosses a railroad, and is not under the jurisdiction of any public entity and is permitted by a private railroad company to cross its railroad tracks.

(3) The diagnostic survey team shall be composed 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 entity.

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

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