HB 2342--
Session of 1997
By Committee on Utilities

9 AN ACT concerning railroad crossings; relating to repair and mainte- 10 nance; amending K.S.A. 66-227 and repealing the existing section. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. K.S.A. 66-227 is hereby amended to read as follows: 66- 14 227. (a) It is hereby made the duty of every person or corporation owning 15 or operating any railroad crossed by a public street or highway, as defined 16 by K.S.A. 8-1424 and 8-1473, and amendments thereto, to make, and keep 17 in good repair, good and sufficient crossings for such road over their 18 tracks street or highway, including all the grading, bridges, ditches, and 19 culverts that may be necessary to make a safe crossing as hereinafter 20 provided by this section. Said Such crossings shall not be less than twenty- 21 four 24 feet in width on county roads or twenty streets or highways and 22 not less than 20 feet in width on township roads streets and highways, 23 and shall be on the same grade as the track for thirty 30 feet on each side 24 of the center of said the track, unless the board of county commissioners 25 shall find the same to be unnecessary, and the approaches thereto shall 26 not exceed a six percent 6% grade and shall be solidly constructed of the 27 same material throughout, except that next to the rail any suitable material 28 may be used that will prevent the settling against the rails of any material 29 used in said crossing, with no openings or filled spaces therein, except 30 such as is necessary for the rails; and, for railroad crossings, such material 31 shall be wood, gravel, crushed rock, concrete, burned clay or slag at the 32 discretion of said company and of a permanent thickness equal to the 33 height of the railroad rails. 34 That (b) when the highway crossing the track is improved by the 35 construction of a hard-surfaced road, the railroad company shall pave the 36 space between the rails and for a distance of two feet on each side thereof 37 with a pavement of the same or a better type for the full width of the 38 pavement on the highway. On other crossings where the highway has not 39 been improved, the planking or other material used between and for a 40 distance of one foot outside of the rails shall be of sufficient length to 41 provide for a 16-foot roadway measured perpendicular to the axis of the 42 highway: Provided further, That. 43 (c) Nothing in this act shall be construed to repeal any provision of HB 2342

 1  law relating to railroad crossings on streets in cities of the first and second
 2  class.
 3    (d)  Whenever an unsafe condition exists where a city, township or
 4  county street or highway crosses a railroad, the city, township or county
 5  may request, in writing, that the owner or operator of the railroad repair
 6  and maintain such crossing. If, within 90 days after such request is made,
 7  the requested repair and maintenance is not completed, the city, township
 8  or county may cause such repairs and maintenance to be performed and
 9  may assess the costs thereof to the owner or operator of the railroad. If
10  the owner or operator of the railroad fails to pay such costs within 90
11  days after notice of the assessment, the city, township or county may bring
12  an action in the district court to recover such costs from the owner or
13  operator of the railroad.
14    Sec. 2.  K.S.A. 66-227 is hereby repealed.
15    Sec. 3.  This act shall take effect and be in force from and after its
16  publication in the statute book.