2006 Minnesota Statutes

219.072 ESTABLISHMENT OF NEW GRADE CROSSINGS.
The establishment of all new grade crossings must be approved by the commissioner. When
establishment of a new grade crossing is desired, either by the public officials having the necessary
authority or by the railroad company, and the public officials and the railroad company cannot
agree as to need, location, or type of warning devices required, either party may file a petition
with the commissioner setting forth the facts and submitting the matter for determination. The
commissioner, after notice as the commissioner deems reasonable, shall conduct a hearing and
issue an order determining the matters submitted. If the commissioner approves the establishment
of a new grade crossing, the commissioner may in the same order direct that the costs, including
the costs of the type of warning devices required, be divided between the railroad company and
the public authority involved as the parties may agree, or, if they fail to agree, then as determined
by the commissioner on the basis of benefit to the users of each. However, the commissioner may
defer determination of the division of costs to a subsequent order to be made on the basis of
evidence previously taken.
History: 1980 c 460 s 9; 1985 c 265 art 4 s 1; 1986 c 444; 1989 c 299 s 4