(1) Any developer, corporation, individual or other private entity requesting or applying for a new public railroad grade crossing shall be responsible for all costs for installing appropriate warning devices, for installing appropriate crossing surfaces and approaches, for establishing appropriate crossing profiles and for obtaining easements to maintain sight distance as deemed necessary for such crossing by a diagnostic survey team comprised of the Mississippi Department of Transportation Rails Engineer, a representative from the Federal Highway Administration, a representative of the affected railroad company and a representative of the affected local governmental jurisdiction.

(2) When an existing private railroad grade crossing maintained for or by a private party is requested to become a publicly maintained railroad grade crossing, or when an existing private railroad grade crossing maintained for or by a private party is permitted by that party to be used as a public railroad grade crossing, the private party shall be responsible for all costs for installing warning devices, for replacing or modifying crossing surfaces and approaches as appropriate, for establishing appropriate crossing profiles and for obtaining easements to maintain sight distances as deemed necessary by the diagnostic survey team described in subsection (1) of this section for safety of the traveling public at such crossing before opening such crossing to the public. As used in this section, the term “private railroad grade crossing” means any privately maintained road or street not under the jurisdiction of a public entity that crosses a railroad, and which is permitted by a private railroad company or by other agreement, deed or law to cross its railroad tracks and right-of-way.

(3) Any developer, corporation, individual or other private entity requesting or applying for a new public railroad grade crossing or for conversion of an existing private railroad grade crossing to a public railroad grade crossing, at the time of the request or application, shall notify the local roadway authority and the Mississippi Department of Transportation of such request or application.