Georgia House of Representatives - 1995/1996 Sessions

HB 1068 - Highways; railroad grade crossings; authority of DOT

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 32-6-198

1. Benefield  96th        2. Lee  94th               3. Coleman  142nd
4. Dobbs  92nd            5. Walker  141st


House Comm: Trans      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              3/17/95  Read 1st Time                                                                
              1/8/96   Read 2nd Time                                                                
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 32-6-198                                                                     


HB 1068                                           LC 16 4261






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 6 of Title 32 of the Official Code of
  1- 2  Georgia Annotated, relating to regulation of maintenance and
  1- 3  use of public roads, so as to provide for authority of the
  1- 4  Department of Transportation to close or relocate railroad
  1- 5  grade crossings or require installation of railroad crossing
  1- 6  signal equipment; to provide for procedures, notice, and
  1- 7  hearings; to provide for issuance of orders; to provide
  1- 8  distribution of costs of closing or relocating crossings or
  1- 9  of adding signals; to provide for related matters; to repeal
  1-10  conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Chapter 6 of Title 32 of the Official Code of Georgia
  1-13  Annotated, relating to regulation of maintenance and use of
  1-14  public roads, is amended by striking Code Section 32-6-198,
  1-15  relating to agreements as to grade crossing elimination, in
  1-16  its entirety and inserting in lieu thereof a new Code
  1-17  Section 32-6-198 to read as follows:

  1-18    "32-6-198. (Index)

  1-19    (a) Nothing in this part shall be construed to prevent the
  1-20    department, a county, or a municipality from reaching
  1-21    special agreements with a railroad company providing for
  1-22    grade crossing elimination by means of relocation of
  1-23    either the railroad or public road involved or by
  1-24    consolidation of crossings or by other means not expressly
  1-25    provided for in this part authorized by subsection (b) of
  1-26    this Code section and from arranging joint participation
  1-27    in the cost of such elimination in accordance with the
  1-28    procedures in Code Section 32-6-195.

  1-29      (b)(1) The department is given authority and power to
  1-30      abandon and discontinue any portion of a state highway
  1-31      or any portion of a street on a state highway route
  1-32      crossing the tracks or right-of-way of any railroad or
  1-33      street railway within the state, and to close or


                                 -1- (Index)

                                                  LC 16 4261

  2- 1      consolidate the grade crossing on such state highway or
  2- 2      street whenever in the judgment of the department the
  2- 3      grade crossing has ceased to be necessary for the public
  2- 4      as a part of any state highway because of relocation of
  2- 5      the highway or because of the construction of an
  2- 6      underpass or overpass or other provision made for the
  2- 7      elimination of the grade crossing.  Notice in writing of
  2- 8      the abandonment and discontinuance of the portion of the
  2- 9      highway or street and the closing of the grade crossing
  2-10      shall be given by the department by posting a notice on
  2-11      each side of the railroad or street railway at the grade
  2-12      crossing for a period of 30 days.

  2-13      (2) Notwithstanding any other provision of law, the
  2-14      department may abandon, close, and discontinue a portion
  2-15      of a private, municipal, or county highway, street, or
  2-16      right-of-way which crosses the tracks or right-of-way of
  2-17      any railroad within the state whenever in the judgment
  2-18      of the department the grade crossing is dangerous or
  2-19      redundant or if the enhancement of public safety
  2-20      resulting from the closing outweighs any inconvenience
  2-21      caused by rerouting the vehicular traffic.  In the event
  2-22      the closing is deemed by the department to cause
  2-23      grievous inconvenience to vehicular traffic, the
  2-24      department may also order a relocation of the crossing
  2-25      or the building of an additional crossing at another
  2-26      location.  If the department orders the relocation of
  2-27      the crossing or the building of an additional crossing,
  2-28      the crossing shall be built at no cost to the
  2-29      municipality or county unless the municipality or county
  2-30      enters into an agreement to share in the costs of the
  2-31      relocation of the crossing or the building of an
  2-32      additional crossing.

  2-33      (3) Prior to issuing the order to close a crossing, the
  2-34      department shall give written notice of intention to
  2-35      close the crossing to the owners of the right-of-way if
  2-36      it is a private crossing, or to the municipality or
  2-37      county in the event it is a municipal or county road or
  2-38      street.  The department shall provide a copy of the
  2-39      study data recommending the closure, consolidation, or
  2-40      relocation to all affected parties.  In addition, the
  2-41      department shall publish legal notice of intention to
  2-42      close the crossing in a newspaper of general circulation
  2-43      in the county once a week for three consecutive weeks
  2-44      prior to issuance of the order of closure.  The notice
  2-45      shall state the procedure to request a hearing prior to


                                 -2- (Index)

                                                  LC 16 4261

  3- 1      closure.  Any citizen of Georgia who uses a crossing or
  3- 2      who owns property abutting a crossing may give notice in
  3- 3      writing to the department requesting a hearing prior to
  3- 4      the closing.  Upon request for a hearing, the department
  3- 5      shall conduct a public hearing in the municipality or
  3- 6      county in which the crossing is located by giving at
  3- 7      least ten days' notice to the person or persons
  3- 8      requesting the hearing and to the municipality or county
  3- 9      in which the crossing is located.  At the public
  3-10      hearing, a department official designated by the
  3-11      commissioner of the Department of Transportation shall
  3-12      present the department's reasons and recommendations for
  3-13      the closure, consolidation, or relocation and shall hear
  3-14      from all interested persons and shall receive any
  3-15      written statements from interested persons.  The
  3-16      official conducting the hearings shall file a written
  3-17      report with the commissioner together with all written
  3-18      statements filed by persons attending the hearing and
  3-19      shall make a written recommendation to the commissioner
  3-20      concerning the proposed closing, consolidation, or
  3-21      relocation.  A copy of the report and recommendation
  3-22      shall be furnished to the person or persons who
  3-23      requested the hearing and also to the county or
  3-24      municipality where the crossing is located.  After
  3-25      consideration of the report, the recommendation, and the
  3-26      statements submitted therewith, the commissioner shall
  3-27      enter an order closing the crossing, requiring the
  3-28      crossing to remain open, requiring the crossing to be
  3-29      relocated, or requiring the installation of active
  3-30      railroad crossing signal equipment within the judgment
  3-31      of the commissioner.  The order of the commissioner
  3-32      shall be final.

  3-33      (4) Upon issuance of an order by the commissioner  that
  3-34      a grade crossing shall be closed or relocated, it shall
  3-35      the responsibility of the railroad or railroads involved
  3-36      to physically remove the crossing from the tracks and it
  3-37      shall be the responsibility of the municipality or
  3-38      county in which the street is located to remove or
  3-39      barricade the approaches to the crossing.  Upon issuance
  3-40      of an order that railroad crossing warning signals are
  3-41      to be installed at the crossing or at an adjacent
  3-42      crossing or crossings, the cost of such warning signals
  3-43      shall be the responsibility of the department or shall
  3-44      be distributed according to a joint participation
  3-45      agreement."



                                 -3- (Index)

                                                  LC 16 4261

                         SECTION 2.

  4- 1  All laws and parts of laws in conflict with this Act are
  4- 2  repealed.













































                                 -4- (Index)