Whenever any railroad company shall be required by an order of a department or subdivision to provide a grade separation structure, as specified herein, and shall be of the opinion that such grade separation is not a public necessity, it may within ten days after receipt of such order, appeal to the Public Service Commission and the commission within twenty days thereafter shall hold a public hearing and determine the public necessity for such grade separation. From any order of the commission in the premises either party shall have the right to appeal to the courts, as provided by statute in matters within the jurisdiction of the commission. The commission shall not be a party to an appeal. The provisions of this section shall not apply to orders of the Commission of the Department of Transportation.
HISTORY: 1962 Code Section 58-821; 1952 Code Section 58-821; 1942 Code Section 8469; 1932 Code Section 8444; 1924 (33) 1057; 1935 (39) 25; 2006 Act No. 318, Section 105, eff May 24, 2006.
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