Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14

railroad, or whenever such petition Is so
lodged By any railroad company whose
track crosses or is abuft 10 cross, or IS
crossed, or about 10 be crossed by a strsS
or highway 10 the effect that public safety
requires, an alteration In such crossing its
approaches, the method OF crossing, the loea-
tion Of the highway or crossing, the closing
OF highway crossing, and the substitution
Of another therefor. not at grade, or the
removal OF distractions to the view al such
crossing, or requires the determination
Of the mode and manner Of making such
new crossing. and praying that the same
may be or1Sred, Ii shall be the duty of
the commission to give notice TO the proper
party or parties In interest other than the
petitioner, or the fling OF such petition. and
10 proceed 70 investigate the same and to
order hearing thereon in the manner pro-
Vlded for hearings in section 1797-l2. and
after such hearing the commission shall de-
termine what alteration In such crossing, APP
proaenes, mode OF crossing, location OF high
way crossing, and the substitution Of an
other therefor not ar grade, or removal Of
distractions TO sight at crossing II any,
shall be made, and by. whom made, and in
case OF new crossings the mode and manner
OF making them The commission shall hx
the proportion OF the cost and expense OF
such alteration, removals and new cross
ings, including the damages 70 any person
whose land is taken, and the special dam
ages which the owner OF any land edJoining
the public street or highway shall sustain
BY reason Of such change in the grade of
such street or highway. or by reason of the
removal Of distractions TO view at such
crossings, TO be paid by the railroad COM
pany or companies, the municipality or mu-
inequalities in interest, and the state. In
fixing such proportion the commission may
order the amount Of such cost and expense
and damages SO apportioned to be paid by
the parties against which the apportion-
ment shall be made.
Section 1Ts7-12f. The commission, may
in the absence of any petition therefor,
when In their opinion public safety requires
an alteration In any street or highway
crossed at grade by any railroad or railroad
belonging to or operated by more than one
company, after notice and hearing as pro-
vided In section 1T9I-12, order such al
terations in such strees or highway or rail-
road as they shall deem. best and shall de-
termine and direct by wAcm aDe within
what time such alteration shall ~ made,
and the expense Of such alteration shsu be
apportloned and paid as provided in the
preceding, section. Railroad companies may
take land for the purpose Of this section
and the preceding section In the manner
provided by Law for the taking of Land by
railroad companies.
sion upon d petition brought under the pro-
visions Of section 179I-12e, or proceedings
instituted under the provisions of section
17eT--12f, shall find that any street or high
way crosses or is crossed by the tracks of
more than one railroad, and the tracks of
such railroads are so near together that
public convienca requires the work Of sepa-
rating the grades to be done under and in
compliance with one order, they shall give mo-
tice of such proceedings to all the companies
operating such railroads: and after such
notice and hearing the commission shall de-
termine what alterations shall be made, IL
any, SO as to separate the grades of all such
crossings at the same time, and shall deter
mine by whom such work shall be done, and
they shall apportion the expense as pro
vided in section 1T9T-12e
Section 1791-12h. Whenever petition
is lodged with the commission BY the com
mon council of any City, the village board
of any village. or the town board of any
town within which a railroad track crosses
another railroad track at grade, or when
ever such petition Is so lodged by any rail-
road company whose track crosses or Is
crossed at grade by the track OF another
railroad company, to the effect that public
safety requires an alteration In such grade
crossing, or the installation, operation and
maintenance OF some suitable protective ap-
pliance at such grade crossing, II shall be
the duty Of the commission to give notice
TO the proper party or parties In interest
other than the petitioner Of the filing OF
such petition, and to proceed to investigate
the same and to order hearing thereon in
the manner provided for hearings In section
1872. and after such hearing the com
mission shall determine what alteration in
such crossing or mode of crossing, IL any,
maintained, or what suitable protective APP
pliance shall be installed, operated, and
maintained at such crossing and by whom
installed, operated, and maintained. The
commission shall fix the proportion Of the
cost and expense of such change In grade
and the maintenance of the crossing or OF
the installation. operation, and mainten-
anee OF such safety appliance which shall
be paid by the railroad companies, re-
spectiyely.
Section 17e7-12i The commission may.
in the absence of any petition therefor,
when In their opinion public safety requires
an alteration in an existing grade crossing
of q railroad track by railroad track be-
longing to or operated by any railroad or
railroads, or requires the installation, oper-
alton and maintenance of some suitable pro
tective appliance at such grade crossing,
after notice and bearing as provided In sec
ton 1917 order such change In such
crossing, or the Installation, operation, and
maintenance of such suitable protective az
pliance at such grade crossing as they shall
deem best. and shall determine and direct
by whom and within what time such altera-
tfon shall be made or such safety appliance
shall be installed, and the cost and expense
Of such change In such crossing and OF
maintaining the crossing or Of the installa-
ton, operation, and maintenance of such
safety appliance shall be apportioned and
paid as provided in the preceding section.
section 1797--12h and 1797--12i shall ap-
ply to all swing or draw bridges, functions,
and other foullng points on all railroads.
Section IT97--12k. A sum sufficient to
carry out the provisions of this act is APP
propriated out Of any money in the state
treasury not otherwise appropriated.
Section 2. All acts or parts OF acts con-
with Section 17e3-12d, or with the ex-
elusive exercise of the jurisdiction herein
and hereby conferred. or conferred by sec
ton 1797-12d, are hereby repealed
Section 3. This act shall take effect and
be in force from and after its passage and
publication.
Approved June II, 1909.