reglab/housing_qa huggingface dataset:
WA Rev Code § 81.53.160 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.160 - Service of process.

RCW 81.53.160 Service of process.All notices required to be served by this chapter shall be in writing, and shall briefly state the nature of the matter to be inquired into and investigated. Notices may be served in the manner provided by law for the service of summons in civil cases, or by registered United States mail. When service is made by registered mail, the receipt of the receiving post office shall be sufficient proof of service. When, under the provisions of this chapter, it is necessary to serve notice of hearings before the commission on owners of private lands, property, or property rights, and such owners cannot be found, service may be made by publication in the manner provided by law for the publication of summons in civil actions, except that publication need be made but once each week for three consecutive weeks, and the hearing may be held at any time after the expiration of thirty days from the date of the first publication of the notice.[ 1961 c 14 § 81.53.160. Prior: 1913 c 30 § 12; RRS § 10522. Formerly RCW 81.52.230.]
WA Rev Code § 81.53.170 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.170 - Judicial review.

RCW 81.53.170 Judicial review.Upon the petition of any party to a proceeding before the commission, any finding or findings, or order or orders of the commission, made under color of authority of this chapter, except as otherwise provided, may be reviewed in the superior court of the county wherein the crossing is situated, and the reasonableness and lawfulness of such finding or findings, order or orders inquired into and determined, as provided in this title for the review of the commission's orders generally. Appellate review of the judgment of the superior court may be sought in like manner as provided in said utilities and transportation commission law for review by the supreme court or the court of appeals.[ 1988 c 202 § 66; 1971 c 81 § 145; 1961 c 14 § 81.53.170. Prior: 1937 c 22 § 6; 1913 c 30 § 13; RRS § 10523. Formerly RCW 81.52.240.]NOTES:Severability—1988 c 202: See note following RCW 2.24.050.
WA Rev Code § 81.53.180 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.180 - Eminent domain.

RCW 81.53.180 Eminent domain.Whenever to carry out any work undertaken under this chapter it is necessary to take, damage, or injuriously affect any private lands, property, or property rights, the right so to take, damage, or injuriously affect the same may be acquired by condemnation as hereinafter provided:(1) In cases where new railroads are constructed and laid out by railroad company authorized to exercise the power of eminent domain, the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by the railroad company by a condemnation proceedings brought in its own name and prosecuted as provided by law for the exercise of the power of eminent domain by railroad companies, and the right of eminent domain is hereby conferred on railroad companies for the purpose of carrying out the requirements of this chapter or the requirements of any order of the commission.(2) In cases where it is necessary to take, damage, or injuriously affect private lands, property, or property rights to permit the opening of a new highway or highway crossing across a railroad, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired by the municipality or county petitioning for such new crossing by a condemnation proceeding brought in the name of such municipality or county as provided by law for the exercise of the power of eminent domain by such municipality or county. If the highway involved be a state highway, then the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by a condemnation proceeding prosecuted under the laws relative to the exercise of the power of eminent domain in aid of such state road.(3) In cases where the commission orders changes in existing crossings to secure an under-crossing, over-crossing, or safer grade crossing, and it is necessary to take, damage, or injuriously affect private lands, property, or property rights to execute the work, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired in a condemnation proceeding prosecuted in the name of the state of Washington by the attorney general under the laws relating to the exercise of the power of eminent domain by cities of the first class for street and highway purposes: PROVIDED, That in the cases mentioned in this subdivision the full value of any lands taken shall be awarded, together with damages, if any accruing to the remainder of the land not taken by reason of the severance of the part taken, but in computing the damages to the remainder, if any, the jury shall offset against such damages, if any, the special benefits, if any, accruing to such remainder by reason of the proposed improvement. The right of eminent domain for the purposes mentioned in this subdivision is hereby granted.[ 1961 c 14 § 81.53.180. Prior: 1913 c 30 § 15; RRS § 10525. Formerly RCW 81.52.250.]
WA Rev Code § 81.53.190 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.190 - Abatement of illegal crossings.

RCW 81.53.190 Abatement of illegal crossings.If an under-crossing, over-crossing, or grade crossing is constructed, maintained, or operated, or is about to be constructed, operated, or maintained, in violation of the provisions of this chapter, or in violation of any order of the commission, such construction, operation, or maintenance may be enjoined, or may be abated, as provided by law for the abatement of nuisances. Suits to enjoin or abate may be brought by the attorney general, or by the prosecuting attorney of the county in which the unauthorized crossing is located.[ 1961 c 14 § 81.53.190. Prior: 1913 c 30 § 16; RRS § 10526. Formerly RCW 81.52.260.]
WA Rev Code § 81.53.200 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.200 - Mandamus to compel performance.

RCW 81.53.200 Mandamus to compel performance.If any railroad company, county, municipality, or officers thereof, or other person, shall fail, neglect, or refuse to perform or discharge any duty required of it or them under this chapter or any order of the commission, the performance of such duty may be compelled by mandamus, or other appropriate proceeding, prosecuted by the attorney general upon request of the commission.[ 1961 c 14 § 81.53.200. Prior: 1913 c 30 § 17; RRS § 10527. Formerly RCW 81.52.270.]
WA Rev Code § 81.53.210 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.210 - Penalty.

RCW 81.53.210 Penalty.If any railroad company shall fail or neglect to obey, comply with, or carry out the requirements of this chapter, or any order of the commission made under it, such company shall be liable to a penalty not to exceed five thousand dollars, such penalty to be recovered in a civil action brought in the name of the state of Washington by the attorney general. All penalties recovered shall be paid into the state treasury.[ 1961 c 14 § 81.53.210. Prior: 1913 c 30 § 18; RRS § 10528. Formerly RCW 81.52.280.]
WA Rev Code § 81.53.220 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.220 - Obstructions in highways.

RCW 81.53.220 Obstructions in highways.Whenever, to carry out any work ordered under RCW 81.53.010 through 81.53.281 and 81.54.010, it is necessary to erect and maintain posts, piers, or abutments in a highway, the right and authority to erect and maintain the same is hereby granted: PROVIDED, That, in case of a state highway the same shall be placed only at such points on such state highway as may be approved by the state secretary of transportation and fixed after such approval by order of the commission.[ 1983 c 3 § 210; 1961 c 14 § 81.53.220. Prior: 1925 ex.s. c 179 § 2; 1913 c 30 § 19; RRS § 10529. Formerly RCW 81.52.290.]
WA Rev Code § 81.53.230 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.230 - No new right of action conferred.

RCW 81.53.230 No new right of action conferred.Nothing contained in this chapter shall be construed as conferring a right of action for the abandonment or vacation of any existing highway or portion thereof in cases where no right of action exists independent of this chapter.[ 1961 c 14 § 81.53.230. Prior: 1913 c 30 § 20; RRS § 10530.]
WA Rev Code § 81.53.240 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.240 - Scope of chapter.

RCW 81.53.240 Scope of chapter.(1) Except to the extent necessary to permit participation by first-class cities in the grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through 81.53.291, or to the extent a first-class city requests to participate in the commission's crossing safety inspection program within the city, this chapter is not operative within the limits of first-class cities, and does not apply to street railway lines operating on or across any street, alley, or other public place within the limits of any city, except that a streetcar line outside of cities of the first class shall not cross a railroad at grade without express authority from the commission. The commission may not change the location of a state highway without the approval of the secretary of transportation, or the location of any crossing thereon adopted or approved by the department of transportation, or grant a railroad authority to cross a state highway at grade without the consent of the secretary of transportation.(2) Within thirty days of July 1, 2015, first-class cities must provide to the commission a list of all existing public crossings within the limits of a first-class city, including over and under-crossings, including the United States department of transportation number for the crossing. Within thirty days of modifying, closing, or opening a grade crossing within the limits of a first-class city, the city must notify the commission in writing of the action taken, identifying the crossing by United States department of transportation number.[ 2015 c 274 § 21; 1984 c 7 § 375; 1969 c 134 § 8; 1961 c 14 § 81.53.240. Prior: (i) 1953 c 95 § 15; 1925 ex.s. c 179 § 3; 1913 c 30 § 21; RRS § 10531. (ii) 1959 c 283 § 7. Formerly RCW 81.52.300 and 81.52.380.]NOTES:Effective date—2015 c 274: See note following RCW 90.56.005.
WA Rev Code § 81.53.250 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.250 - Employment of experts.

RCW 81.53.250 Employment of experts.The commission may employ temporarily such experts, engineers, and inspectors as may be necessary to supervise changes in existing crossings undertaken under this chapter; the expense thereof shall be paid by the railroad upon the request and certificate of the commission, said expense to be included in the cost of the particular change of grade on account of which it is incurred, and apportioned as provided in this chapter.The commission may also employ such engineers and other persons as permanent employees as may be necessary to properly administer this chapter.[ 1961 c 14 § 81.53.250. Prior: 1937 c 22 § 7; 1913 c 30 § 14; RRS § 10524. Formerly RCW 81.52.330.]
WA Rev Code § 81.53.275 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.275 - Crossing signals, warning devices—Apportionment when funds not available from grade crossing protective fund.

RCW 81.53.275 Crossing signals, warning devices—Apportionment when funds not available from grade crossing protective fund.In the event funds are not available from the grade crossing protective fund, the commission shall apportion to the parties on the basis of the benefits to be derived by the public and the railroad, respectively, that part of the cost which would otherwise be assigned to the fund: PROVIDED, That in such instances the city, town, county or state shall not be assessed more than sixty percent of the total cost of installation on other than federal aid designated highway projects: AND PROVIDED FURTHER, That in such instances the entire cost of maintenance shall be apportioned to the railroad.[ 1969 ex.s. c 281 § 18; 1969 c 134 § 7.]
WA Rev Code § 81.53.281 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.281 - Crossing signals, warning devices—Grade crossing protective fund—Use and transfer of funds—Allocation of costs—Procedure—Federal funding.

RCW 81.53.281 Crossing signals, warning devices—Grade crossing protective fund—Use and transfer of funds—Allocation of costs—Procedure—Federal funding.There is hereby created in the state treasury a "grade crossing protective fund" to carry out the provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or subsidies to public, private, and nonprofit entities for rail safety projects authorized or ordered by the commission; and for personnel and associated costs related to supervising and administering rail safety grants and/or subsidies. During the 2013-2015 fiscal biennium, funds in this account may also be used to conduct the study required under section 102, chapter 222, Laws of 2014. The commission shall transfer from the public service revolving fund's miscellaneous fees and penalties accounts moneys appropriated for these purposes as needed. At the time the commission makes each allocation of cost to said grade crossing protective fund, it shall certify that such cost shall be payable out of said fund. When federal-aid highway funds are involved, the department of transportation shall, upon entry of an order by the commission requiring the installation or upgrading of a grade crossing protective device, submit to the commission an estimate for the cost of the proposed installation and related work. Upon receipt of the estimate the commission shall pay to the department of transportation the percentage of the estimate specified in RCW 81.53.295, as now or hereafter amended, to be used as the grade crossing protective fund portion of the cost of the installation and related work.The commission may adopt rules for the allocation of money from the grade crossing protective fund. During the 2015-2017 and 2017-2019 fiscal biennia, the commission may waive rules regarding local matching fund requirements, maximum awards for individual projects, and other application requirements as necessary to expedite the allocation of money from the grade crossing protective fund to address underprotected grade crossings as identified by the commission.[ 2017 c 313 § 715; 2016 c 14 § 701; 2014 c 222 § 702; 2003 c 190 § 3; 1998 c 245 § 166; 1987 c 257 § 1; 1985 c 405 § 509; 1982 c 94 § 3; 1975 1st ex.s. c 189 § 2; 1973 c 115 § 4; 1969 c 134 § 3.]NOTES:Effective date—2017 c 313: See note following RCW 43.19.642.Effective date—2016 c 14: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2016]." [ 2016 c 14 § 802.]Effective date—2014 c 222: See note following RCW 47.28.030.Findings—2003 c 190: See note following RCW 81.53.271.Severability—1985 c 405: See note following RCW 9.46.100.Application—1982 c 94: See note following RCW 81.53.261.
WA Rev Code § 81.53.291 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.291 - Crossing signals, warning devices—Operational scope—Election by first-class cities—Procedure.

RCW 81.53.291 Crossing signals, warning devices—Operational scope—Election by first-class cities—Procedure.RCW 81.53.261 through 81.53.291 shall be operative within the limits of all cities, towns and counties, except cities of the first class. Cities of the first class may elect as to each particular crossing whether RCW 81.53.261 through 81.53.291 shall apply. Such election shall be made by the filing by such city of a petition as provided for in RCW 81.53.261 with the utilities and transportation commission, or by a statement filed with the commission accepting jurisdiction, when such petition is filed by others.[ 1969 c 134 § 4.]
WA Rev Code § 81.53.295 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.295 - Crossing signals, warning devices, etc.—Federal funds used to pay installation costs—Grade crossing protective fund—State and local authorities to pay remaining installation costs—Railroad to pay maintenance costs.

RCW 81.53.295 Crossing signals, warning devices, etc.—Federal funds used to pay installation costs—Grade crossing protective fund—State and local authorities to pay remaining installation costs—Railroad to pay maintenance costs.Whenever federal-aid highway funds are available and are used to pay a portion of the cost of installing a grade crossing protective device, and related work, at a railroad crossing of any state highway, city or town street, or county road at the then prevailing federal-aid matching rate, the grade crossing protective fund shall pay ten percent of the remaining cost of such installation and related work. The state or local authority having jurisdiction of such highway, street, or road shall pay the balance of the remaining cost of such installation and related work. The railroad whose road is crossed by the highway, street, or road shall thereafter pay the entire cost of maintaining the device.[ 1982 c 94 § 4; 1975 1st ex.s. c 189 § 3.]NOTES:Application—1982 c 94: See note following RCW 81.53.261.
WA Rev Code § 81.53.400 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.400 - Traffic control devices during construction, repair, etc. of crossing or overpass—Required.

RCW 81.53.400 Traffic control devices during construction, repair, etc. of crossing or overpass—Required.Whenever any railroad company engages in the construction, maintenance, or repair of a crossing or overpass, the company shall install and maintain traffic control devices adequate to protect the public and railroad employees, subject to the requirements of RCW 81.53.410 and 81.53.420.[ 1977 ex.s. c 168 § 1.]
WA Rev Code § 81.53.410 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.410 - Traffic control devices during construction, repair, etc. of crossing or overpass—Standards and conditions.

RCW 81.53.410 Traffic control devices during construction, repair, etc. of crossing or overpass—Standards and conditions.All traffic control devices used under RCW 81.53.400 shall be subject to the following conditions:(1) Any traffic control devices shall be used at a repair or construction site only so long as the devices are needed or applicable. Any devices that are no longer needed or applicable shall be removed or inactivated so as to prevent confusion;(2) All barricades, signs, and similar devices shall be constructed and installed in a workmanlike manner;(3) Bushes, weeds, or any other material or object shall not be allowed to obscure any traffic control devices;(4) All signs, barricades, and other control devices intended for use during hours of darkness shall be adequately illuminated or reflectorized, with precautions taken to protect motorists from glare; and(5) Flagpersons shall be provided where necessary to adequately protect the public and railroad employees. The flagpersons shall be responsible and competent and possess at least average intelligence, vision, and hearing. They shall be neat in appearance and courteous to the public.[ 1977 ex.s. c 168 § 2.]
WA Rev Code § 81.53.420 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.420 - Traffic control devices during construction, repair, etc. of crossing or overpass—Rules.

RCW 81.53.420 Traffic control devices during construction, repair, etc. of crossing or overpass—Rules.The utilities and transportation commission shall adopt rules to implement the provisions of RCW 81.53.400 and 81.53.410 pursuant to chapter 34.05 RCW. The commission shall invite the participation of all interested parties in any hearings or proceedings taken under this section, including any parties who request notice of any proceedings.Any rules adopted under this section and any devices employed under RCW 81.53.410 shall conform to the national standards established by the current manual, including any future revisions, on the Uniform Traffic Control Devices as approved by the American national standards institute as adopted by the federal highway administrator of the United States department of transportation.Rules adopted by the commission shall specifically prescribe the duties, procedures, and equipment to be used by the flagpersons required by RCW 81.53.410.RCW 81.53.400 through 81.53.420 and rules adopted thereunder shall be enforced by the commission under the provisions of chapter 81.04 RCW: PROVIDED, That rules adopted by the commission shall recognize that cities with a population in excess of four hundred thousand are responsible for specific public thoroughfares and have the specific responsibility and authority for determining the practices relating to safeguarding the public during construction, repair, and maintenance activities.[ 1977 ex.s. c 168 § 3.]
WA Rev Code § 81.53.430 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.430 - Safety standards for private crossings along railroad tracks over which crude oil is transported—Adoption of rules.

RCW 81.53.430 Safety standards for private crossings along railroad tracks over which crude oil is transported—Adoption of rules.(1) To address the potential public safety hazards presented by private crossings in the state and by the transportation of hazardous materials in the state, including crude oil, the commission is authorized to and must adopt rules governing safety standards for private crossings along the railroad tracks over which crude oil is transported in the state. The commission is also authorized to conduct inspections of the private crossings subject to this section, to order the railroads to make improvements at the private crossings, and enforce the orders.(2) The commission must adopt rules governing private crossings along railroad tracks over which crude oil is transported in the state, establishing:(a) Minimum safety standards for the private crossings subject to this section, including, but not limited to, requirements for signage; and(b) Criteria for prioritizing the inspection and improvements of the private crossings subject to this section.(3) Nothing in this section modifies existing agreements between the railroad company and the landowner governing liability for injuries or damages occurring at the private crossing.[ 2015 c 274 § 22.]NOTES:Effective date—2015 c 274: See note following RCW 90.56.005.
WA Rev Code § 81.53.900 (2021)
2021 Revised Code of Washington|Title 81 - Transportation|Chapter 81.53 - Railroads—Crossings.|81.53.900 - Effective date—1975 1st ex.s. c 189.

RCW 81.53.900 Effective date—1975 1st ex.s. c 189.This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975.[ 1975 1st ex.s. c 189 § 4.]