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    Subdivision 1. Commissioner determination. (a) If a complaint is made under section
219.39, the commissioner of transportation shall determine, after investigation by the
commissioner or after hearing, whether the crossing is hazardous and may require the railroad
company to (1) provide flaggers at the crossing, (2) adopt safety devices as the commissioner
deems necessary to protect the crossing properly, (3) remove any structure, embankment, or other
obstruction to the view, (4) close the crossing complained of or other crossing in the vicinity, or
(5) construct an overhead or maintain an underground crossing and divide the cost between the
railroad company, the town, county, municipal corporation, or state Transportation Department
interested, on terms and conditions as may seem just and equitable.
(b) The commissioner may require the complaining city, town, or county to remove an
embankment, structure, or other obstruction to the view as may be reasonable and necessary to
properly protect the crossing.
    Subd. 2. Hearing. If the complainant road authority or the railroad files exceptions to an
order of the commissioner made under this section without a hearing, the commissioner shall
convene a hearing on the original complaint.
    Subd. 3. Order; costs allocated. If the commissioner or its designee after notice and hearing
orders (1) the installation of a safety device, (2) the construction, reconstruction, modernization,
or replacement of major parts, as defined by rule of the commissioner, of the safety devices,
gates, or other types of special protection, (3) the removal of a structure, embankment, or other
obstruction to the view, or (4) the construction, reconstruction, or maintenance of an underground
or overhead crossing on a public road, street, or highway, it may in the same order direct that the
costs 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.
    Subd. 4. Funds to pay costs. (a) If a state trunk highway is involved, the state's share of the
costs must be paid from funds available to the Department of Transportation.
(b) In all other cases the public's share of the costs must be paid from available funds or from
the trunk highway fund, if ordered by the commissioner, or from any combination of these funds
or other available funds; provided that a highway, street, or road fund must only be expended for
the costs on a highway, street, or road within the political subdivision charged with its maintenance
and care and only upon the highways, streets, or roads for which the fund was allocated or created.
History: (4663) 1911 c 243 s 2; 1913 c 294 s 1; 1923 c 134 s 2; 1951 c 179 s 2; 1959 c
528 s 1; 1963 c 458 s 2; 1965 c 245 s 1; 1967 c 86 s 2; 1971 c 25 s 67; 1973 c 123 art 5 s 7;
1975 c 313 s 3; 1976 c 166 s 7,34; 1977 c 454 s 27; 1980 c 534 s 36; 1Sp1981 c 4 art 2 s 22;
1985 c 265 art 4 s 1; 1998 c 403 s 29