Court Opinions

State Laws

US Code

US Constitution

Construction, relocation, suspension and abolition of crossings - 66 Pa. Cons. Stat. § 2702

Legal Research Home > Pennsylvania Statutes

     § 2702.  Construction, relocation, suspension and abolition of
                crossings.
        (a)  General rule.--No public utility, engaged in the
     transportation of passengers or property, shall, without prior
     order of the commission, construct its facilities across the
     facilities of any other such public utility or across any
     highway at grade or above or below grade, or at the same or
     different levels; and no highway, without like order, shall be
     so constructed across the facilities of any such public utility,
     and, without like order, no such crossing heretofore or
     hereafter constructed shall be altered, relocated, suspended or
     abolished.
        (b)  Acquisition of property and regulation of crossing.--The
     commission is hereby vested with exclusive power to appropriate
     property for any such crossing, except as to such property as
     has been or may hereafter be condemned by the Department of
     Transportation for projects financed entirely by the
     Commonwealth and for Federal Aid Projects under section 1004 of
     the act of June 1, 1945 (P.L.1242, No.428), known as the "State
     Highway Law," in which case the provisions of that statute shall
     be in effect, and to determine and prescribe, by regulation or
     order, the points at which, and the manner in which, such
     crossing may be constructed, altered, relocated, suspended or
     abolished, and the manner and conditions in or under which such
     crossings shall be maintained, operated, and protected to
     effectuate the prevention of accidents and the promotion of the
     safety of the public. The commission shall require every
     railroad the right-of-way of which crosses a public highway at
     grade to cut or otherwise control the growth of brush and weeds
     upon property owned by the railroad within 200 feet of such
     crossing on both sides and in both directions so as to insure
     proper visibility by motorists.
        (c)  Mandatory relocation, alteration, suspension or
     abolition.--Upon its own motion or upon complaint, the
     commission shall have exclusive power after hearing, upon notice
     to all parties in interest, including the owners of adjacent
     property, to order any such crossing heretofore or hereafter
     constructed to be relocated or altered, or to be suspended or
     abolished upon such reasonable terms and conditions as shall be
     prescribed by the commission. In determining the plans and
     specifications for any such crossing, the commission may lay
     out, establish, and open such new highways as, in its opinion,
     may be necessary to connect such crossing with any existing
     highway, or make such crossing more available to public use; and
     may abandon or vacate such highways or portions of highways as,
     in the opinion of the commission, may be rendered unnecessary
     for public use by the construction, relocation, or abandonment
     of any of such crossings. The commission may order the work of
     construction, relocation, alteration, protection, suspension or
     abolition of any crossing aforesaid to be performed in whole or
     in part by any public utility or municipal corporation concerned
     or by the Commonwealth or an established nonprofit organization
     with a recreational or conservation purpose.
        (d)  Procedure for appropriation of property.--When any real
     property is appropriated by the commission under this section,
     each parcel of such property so appropriated, shall be
     accurately described by metes and bounds, and the record owner
     of each such parcel shall be named in the order of
     appropriation. Unless otherwise recorded, the commission shall
     file with the recorder of deeds of the proper county, a copy of
     that portion of the order of the commission which appropriates
     such property, and such plans and other detailed information as
     the commission may deem necessary. Such portion of the
     commission's order dealing with the specific property
     appropriated shall be recorded and indexed under the name or
     names of the record owners of such specific property at the
     expense of the utility or utilities, political subdivision,
     municipality or municipalities, governmental agency, including
     the Department of Transportation and Public Utility Commission,
     corporation or persons upon whose instigation, petition or
     complaint the said crossing was constructed, reconstructed,
     relocated, altered, suspended or abolished, as may be ordered,
     to bear such expense or recording by the commission. When such
     appropriation of real property has been recorded under the
     provisions of any other statute, such recording shall not be
     duplicated under the terms of this subsection.
        (e)  Reactivation.--The commission may, within its discretion
     upon petition by any railroad, the Commonwealth, a political
     subdivision or any other affected party by order reactivate any
     crossing suspended under this section.
        (f)  Danger to safety.--Upon the commission's finding of an
     immediate danger to the safety and welfare of the public at any
     such crossing, the commission shall order the crossing to be
     immediately altered, improved, or suspended. Thereafter hearing
     shall be held and costs shall be allocated in the manner
     prescribed in this part.
        (g)  Suspensions.--Any order of suspension under this section
     shall require the following for the protection of the motoring
     public:
            (1)  Removal or covering of crossing warning devices.
            (2) (i)  Paving over the tracks; or
                (ii)  removal of the tracks and paving over of the
            area formerly occupied by said tracks; or
                (iii)  barricading the crossing.
        (h)  Assignment of crossing responsibilities to certain
     nonprofit organizations.--
            (1)  The commission may order the work of abolition of
        any crossing in whole or in part, including any future
        obligations, to be performed by a municipal authority created
        to advance recreation or conservation purposes or a nonprofit
        organization with a recreation or conservation purpose if:
                (i)  the municipal authority or nonprofit
            organization provides adequate security for the work or
            demonstrates financial responsibility to the satisfaction
            of the commission; and
                (ii)  the commission does not order any Commonwealth
            agency to bear ancillary responsibility for the work of
            abolition of any crossing, or the cost associated with
            the work, without the prior written consent of the head
            of the Commonwealth agency.
            (2)  In accordance with the provisions of section 2704
        (relating to compensation for damages occasioned by
        construction, relocation or abolition of crossings), the
        commission may order the municipal authority or nonprofit
        organization assuming responsibility for the abolition of the
        crossing to bear all or a portion of the costs associated
        with the work. This section shall not apply to any proceeding
        wherein the commission has issued a final order prior to the
        effective date of its enactment.
     (Dec. 3, 1998, P.L.920, No.113, eff. 60 days)

        1998 Amendment.  Act 113 amended subsec. (c) and added
     subsec. (h).
        Cross References.  Section 2702 is referred to in sections
     102, 2704 of this title; section 1511 of Title 15 (Corporations
     and Unincorporated Associations).

Last modified: November 27, 2007