Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-08
DIVISION OF COST
Apportionment Of Expense Of Elimi-
mating Grade Crossings.
PUBLIC'S SHARE GENERALLY SMALL
Established Principles Which Argue
Against the B. & O. Bonus.
r 1 G 1T OF WAY RU L E

Grade crossing elimination has now been
In progress in this country for a number Of
years. long enough to permit a general sur
vey of the field with a view to determine,
IL possible, whether any general rule pre-
walls in the settlement of the financial ques-
tiens involved. If one in examining into the
precedents Of apportioning the expenses Of
such improvements pays attention only to
tn cash percentages contributed by the
railroad and the public. respectively, and
disregards the varying conditions and equi-
ties of the different cases he will soon find
himself in hopeless confusion. But close in
vestigation develops certain general equita-
BILE principles which are applied more or
less closely in the great majority Of cases.
For instance. 1t Is fairly well established
In several cases that the party more
anxious to make the improvement, and pre-
sumably the more benefited thereby, is
often burdened more heavily than the
other. The later conner at the crossing.
whether street or track, often pays the
more for the adjustment
Thus the law In Connecticut regarding the
division of cost In eliminating grade cross
ings requires that where the city or town
applies for the improvement 1T shall pay %
per cent of the cost where the crossing
antedates the construction Of the railroad
and 80 per cent If the crossing has been
laid across the tracks since the CONSTITUTE
ton of the latter, the balance to be borne
by the railroad company. If the company
applies for the elimination of the grade
crossings 1t shall bear the entire expense
Of the Improvement.
New York Laws.
New York has a general grade crossing
law which provides that the expense Of
abolishing such crossings shall be borne,
80 per cent by the railroad company, %
per cent by the municipality and % per
cent by the state. This act does not apply
to the city of Buffalo, which is specially
provided for, and under which the various
railroad companies have entered into agree
ments to eliminate the grade crossings in
that city.
The contracts with the different rail-
road companies running into that city
provide that they pay the entire cost of
that portion of the structure over their
right of way, while the approaches thereto
paid in the proportions of one-third by
the city and two-thirdS by the railroad
company. When it is necessary, however,
to take lands for the erection of any struc-
ture, the city pays One-third and the rail-
roads two-t thirds of the cost of the land
Any damage done to abutting property and
known as consequential damage" is paid
In the proportion of One-half by the city
and one-half by the railroad.
The general provisions. both in New
York and Connecticut, apply broadly to
the rural districts and the smaller cnmmu-
mites City conditions require special con-
Sideration. as in the case of Buffalo Equi-
table principles are usually applied to such
cases as far as possible. The tracks of the
New York Central road in Rochester were
elevated pursuant to a special act of the
state legislature and the city stood no part
of the expense.
The Massachusetts law is interesting to
show that special considera tons prevail in
some instances to change the ratio Of cost
division The statute provides that the
state shall pay not more than % per cent,
the city not more than 10 per cent and the
railroad company not more than Go per
cent. In some cases special laws have
been passed by our Legislature, in one case
involving the expenditure of about s4,GDO.
600, the city and state paying 40 per cent.
Of which amount the city assumes 1879 per
cent of the whole and the railroad company
paid 50 per cent. In another case where
the state was a large land holder and the
city gained practically new highway, the
proportions We're: State, 81 per cent; city
80 per cent. and railroad company. 80 per
cent Unless some special benefit is OBJ
tanned the ordinary division Of expense Is:
State, % per cent city, 10 per cent; rail-
road, 63 per cent.
In Jersey City the railroads have borne
the greater share of the expense. The
Pennsylvania road elevated its tracks who'll
ly at its own expense. aboltshing nine grade
crossings. The city assumed responsible
ity in that case. The Erie road abolished
seven grade crossings at It's own expense
by eevating the tracks. In that case.
where 1t was necessary to depress the
streets, the grade was changed at the ex-
pense of the city, at cost of not exceeding
$4,000.
A Broad Rule.
The editor of the Engineering News