MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Highways and Transportation

By: Senator(s) Little (By Request)

AN ACT TO REQUIRE A DEVELOPER, CORPORATION, INDIVIDUAL OR OTHER ENTITY REQUESTING OR APPLYING FOR A NEW PUBLIC RAILROAD GRADE CROSSING TO BE RESPONSIBLE FOR ALL COSTS RELATED TO THE INSTALLATION OF 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, OR WHEN AN EXISTING PRIVATE RAILROAD GRADE CROSSING MAINTAINED FOR OR BY A PRIVATE PARTY IS PERMITTED BY THAT PARTY TO BE USED AS A PUBLIC RAILROAD CROSSING, THE PRIVATE PARTY SHALL BE RESPONSIBLE FOR ALL THE COSTS RELATED TO THE INSTALLATION OF APPROPRIATE 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, individual or other private entity requesting or applying for a new public railroad grade crossing shall be responsible for all costs for installing appropriate warning devices, for installing appropriate crossing surfaces and approaches, for establishing appropriate crossing profiles and for obtaining easements to maintain sight distances, all as may be considered necessary for the safety of the traveling public at such crossing by a diagnostic survey team. (2) When an existing private railroad grade crossing maintained for or by a private party is requested to become a publicly maintained railroad grade crossing, or when an existing private railroad grade crossing maintained for or by a private party is permitted by such private party to be used as a public railroad crossing, the private party shall be responsible for all the costs of installing appropriate warning devices for, installing appropriate crossing surfaces and approaches, for establishing appropriate crossing profiles and for obtaining easements to maintain sight distances, all as may be considered necessary for the safety of the traveling public at such crossing by a diagnostic survey team. As used in this subsection, the term "private railroad grade crossing" means any privately maintained road or street that crosses a railroad which is not under the jurisdiction of any public entity and is permitted by a private railroad company or by any agreement, deed or law to cross railroad tracks and right of way.

(3) Any developer, corporation, individual or other private entity requesting or applying for a new public railroad grade crossing or conversion of an existing private railroad grade crossing to a public railroad grade crossing, shall first notify the public highway authority in interest and the Mississippi Department of Transportation.

(4) Diagnostic survey teams 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 jurisdiction.

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.