§ 24-09-10 — Changing or closing railroad crossing - Power of public service commission - Hearing

commission - Hearing.
It is in the interest of public safety to eliminate unnecessary railroad grade crossings
whenever reasonable access can be safely provided at another crossing. Whenever it is
desired, either by the public officials having the necessary authority or by the railway company
operating the railroad, to establish, vacate, or relocate any crossing of a public highway and a
railroad, or to separate grades, and an agreement cannot be reached between the public official
and the railway company, either as to the necessity for establishing, vacating, or relocating a
crossing or for separating grades, as to place, manner of construction, or a reasonable division
of the expense, either party may file a petition with the commission, setting forth the facts and
submitting the matter to it for determination. The commission, after giving notice as it shall deem
reasonable, shall conduct a hearing and shall issue its order determining whether there should
be an establishment, vacation, or relocation of the crossing in question, or a separation of
grades, and dividing the expense of the establishment, relocation, or separation of grades.
Irrespective of the establishment, relocation, or the consideration of further reasonable
protection of a crossing, if the commission finds any railroad crossing to be unnecessary or
unsafe, it shall order the crossing closed after reasonable notice and hearing. Whenever a final
order is entered vacating or closing a crossing, it must be vacated or closed at the railroad
company's expense.