177.190 Appeal by railroad company to Circuit Court.
258 words·~1 min read·
/ky/chapter-177/177-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any railroad company dissatisfied with a final order of the department directing the
elimination of any grade crossing or change of existing overhead or underpass
structure, or any order modifying or amending the final order may appeal by filing a
petition in the clerk's office of the Franklin Circuit Court in accordance with KRS
Chapter 13B.
(2)On the hearing of the appeal, the Circuit Court shall determine whether the
elimination of the grade crossing, or the change in existing overhead or underpass
structure, is reasonably necessary for the safety of the traveling public, and whether
the plans and specifications prescribed by the order of the department are
reasonably adequate to provide safety of operation for the trains of the railroad
company, its employees and the public, and make reasonably adequate provisions
for the future development of the railroad company's facilities.
(3)If the court finds from the evidence that the elimination of the grade crossing or
change in existing overhead or underpass structure is not reasonably necessary for
the safety of the traveling public, it shall, by final judgment, enjoin the department
from enforcing its final order.
(4)If the court finds from the evidence that the elimination of the grade crossing or
change in existing overhead or underpass structure is reasonably necessary for the
safety of the traveling public, it shall, by final judgment, either order the railroad
company to proceed with the work in accordance with the final order of the
department, or in accordance with other plans and specifications prescribed by the
court.