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 9  AN ACT concerning railroad crossings; relating to repair and mainte-
10    nance; amending K.S.A. 66-227 and repealing the existing section.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  K.S.A. 66-227 is hereby amended to read as follows: 66-
14  227. (a) It is hereby made the duty of every person or corporation owning
15  or operating any railroad crossed by a public street or highway, as defined
16  by K.S.A. 8-1424 and 8-1473, and amendments thereto, to make, and keep
17  in good repair, good and sufficient crossings for such road over their
18  tracks street or highway, including all the grading, bridges, ditches, and
19  culverts that may be necessary to make a safe crossing as hereinafter
20  provided by this section. Said Such crossings shall not be less than twenty-
21  four 24 feet in width on county roads or twenty streets or highways and
22  not less than 20 feet in width on township roads streets and highways,
23  and shall be on the same grade as the track for thirty 30 feet on each side
24  of the center of said the track, unless the board of county commissioners
25  shall find the same to be unnecessary, and the approaches thereto shall
26  not exceed a six percent 6% grade and shall be solidly constructed of the
27  same material throughout, except that next to the rail any suitable material
28  may be used that will prevent the settling against the rails of any material
29  used in said crossing, with no openings or filled spaces therein, except
30  such as is necessary for the rails; and, for railroad crossings, such material
31  shall be wood, gravel, crushed rock, concrete, burned clay or slag at the
32  discretion of said company and of a permanent thickness equal to the
33  height of the railroad rails.
34    That (b)  when the highway crossing the track is improved by the
35  construction of a hard-surfaced road, the railroad company shall pave the
36  space between the rails and for a distance of two feet on each side thereof
37  with a pavement of the same or a better type for the full width of the
38  pavement on the highway. On other crossings where the highway has not
39  been improved, the planking or other material used between and for a
40  distance of one foot outside of the rails shall be of sufficient length to
41  provide for a 16-foot roadway measured perpendicular to the axis of the
42  highway: Provided further, That.
43    (c)  Nothing in this act shall be construed to repeal any provision of
HB 2342
                                     

 1  law relating to railroad crossings on streets in cities of the first and second
 2  class.
 3    (d)  Whenever an unsafe condition exists where a city, township or
 4  county street or highway crosses a railroad, the city, township or county
 5  may request, in writing, that the owner or operator of the railroad repair
 6  and maintain such crossing. If, within 90 days after such request is made,
 7  the requested repair and maintenance is not completed, the city, township
 8  or county may cause such repairs and maintenance to be performed and
 9  may assess the costs thereof to the owner or operator of the railroad. If
10  the owner or operator of the railroad fails to pay such costs within 90
11  days after notice of the assessment, the city, township or county may bring
12  an action in the district court to recover such costs from the owner or
13  operator of the railroad.
14    Sec. 2.  K.S.A. 66-227 is hereby repealed.
15    Sec. 3.  This act shall take effect and be in force from and after its
16  publication in the statute book.