Subdivision 1. Commissioner determination. (a) If a complaint is made under section 219.39, the commissioner of transportation shall determine, after investigation by the commissioner or after hearing, whether the crossing is hazardous and may require the railroad company to (1) provide flaggers at the crossing, (2) adopt safety devices as the commissioner deems necessary to protect the crossing properly, (3) remove any structure, embankment, or other obstruction to the view, (4) close the crossing complained of or other crossing in the vicinity, or (5) construct an overhead or maintain an underground crossing and divide the cost between the railroad company, the town, county, municipal corporation, or state Transportation Department interested, on terms and conditions as may seem just and equitable.
(b) The commissioner may require the complaining city, town, or county to remove an embankment, structure, or other obstruction to the view as may be reasonable and necessary to properly protect the crossing.
Subd. 2. Hearing. If the complainant road authority or the railroad files exceptions to an order of the commissioner made under this section without a hearing, the commissioner shall convene a hearing on the original complaint.
Subd. 3. Order; costs allocated. If the commissioner or its designee after notice and hearing orders (1) the installation of a safety device, (2) the construction, reconstruction, modernization, or replacement of major parts, as defined by rule of the commissioner, of the safety devices, gates, or other types of special protection, (3) the removal of a structure, embankment, or other obstruction to the view, or (4) the construction, reconstruction, or maintenance of an underground or overhead crossing on a public road, street, or highway, it may in the same order direct that the costs be divided between the railroad company and the public authority involved as the parties may agree, or, if they fail to agree, then as determined by the commissioner on the basis of benefit to the users of each. However, the commissioner may defer determination of the division of costs to a subsequent order to be made on the basis of evidence previously taken.
Subd. 4. Funds to pay costs. (a) If a state trunk highway is involved, the state's share of the costs must be paid from funds available to the Department of Transportation.
(b) In all other cases the public's share of the costs must be paid from available funds or from the trunk highway fund, if ordered by the commissioner, or from any combination of these funds or other available funds; provided that a highway, street, or road fund must only be expended for the costs on a highway, street, or road within the political subdivision charged with its maintenance and care and only upon the highways, streets, or roads for which the fund was allocated or created.
(4663) 1911 c 243 s 2; 1913 c 294 s 1; 1923 c 134 s 2; 1951 c 179 s 2; 1959 c 528 s 1; 1963 c 458 s 2; 1965 c 245 s 1; 1967 c 86 s 2; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1975 c 313 s 3; 1976 c 166 s 7,34; 1977 c 454 s 27; 1980 c 534 s 36; 1Sp1981 c 4 art 2 s 22; 1985 c 265 art 4 s 1; 1998 c 403 s 29
Structure Minnesota Statutes
Chapter 219 — Railroad Safety And Employment
Section 219.01 — Track Safety Standards; Safety Technology Grants.
Section 219.015 — State Rail Safety Inspector.
Section 219.016 — Hazardous Materials Rail Safety.
Section 219.06 — Signs At Crossings.
Section 219.071 — Maintenance Of Grade-crossing Surfaces.
Section 219.072 — Establishment Of New Grade Crossings.
Section 219.073 — Commissioner's Rules On Grade Crossings.
Section 219.074 — Grade Crossing Change, Vacation.
Section 219.08 — Crossings; Changing Grade Of Approaches.
Section 219.09 — Multiple Tracks Across Road; Railroad Duty.
Section 219.10 — Penalty For Violation.
Section 219.13 — Farm Crossing.
Section 219.14 — Railroad Crossing Protected.
Section 219.16 — Grade Crossing Defined.
Section 219.165 — Safety Rules For Private Railroad Grade Crossing.
Section 219.1651 — Grade Crossing Safety Account.
Section 219.166 — Establishment Of Quiet Zones.
Section 219.17 — Uniform Warning Signs.
Section 219.18 — Railroad To Erect Sign.
Section 219.19 — Additional Warning Sign.
Section 219.20 — Stop Sign; Yield Sign.
Section 219.22 — Stop, Look, And Listen.
Section 219.23 — Crossing Guard.
Section 219.24 — Additional Safeguard.
Section 219.26 — Protective Crossing Device; Uniformity.
Section 219.29 — Prohibited Sign.
Section 219.30 — Injuring, Destroying Sign.
Section 219.31 — Building Fence And Cattle Guard.
Section 219.32 — Failure To Fence; Liability And Damages.
Section 219.33 — Fence, Crossing, Cattle Guard; Landowner Recourse.
Section 219.34 — Fence Between Railroad And Public Road.
Section 219.35 — Crossing And Drain.
Section 219.36 — Gate At Farm Crossing.
Section 219.37 — Ditch And Culvert.
Section 219.375 — Railroad Yard Lighting.
Section 219.383 — Safe Operation Of Train Over Road; Penalty.
Section 219.384 — Removal Of Dangerous Obstruction.
Section 219.39 — Dangerous Crossing; Complaint, Hearing.
Section 219.40 — Dangerous Crossing Determination Procedures And Remedies.
Section 219.402 — Adequate Crossing Protection.
Section 219.403 — Applicability To Local Laws.
Section 219.41 — Appeal; Order Enforcement.
Section 219.42 — Failure To Comply; Penalty.
Section 219.44 — Charter Powers Not Abridged.
Section 219.445 — Southern Rail Corridor Improvement Plan.
Section 219.45 — Applicability.
Section 219.46 — Unlawful Structure; Clearance.
Section 219.47 — Clearance Exceptions.
Section 219.50 — Obstructing Space Between Tracks.
Section 219.501 — Rail Carrier Walkways.
Section 219.51 — Violations And Penalties.
Section 219.52 — Warning Sign; Reporting Clearance Violations.
Section 219.53 — Contributory Negligence.
Section 219.54 — Freight Platform.
Section 219.551 — Locomotive; Water And Toilet Facility.
Section 219.561 — Track Motor Car; Equipment.
Section 219.567 — Failure To Ring Bell.
Section 219.568 — Other Violations Of Duty.
Section 219.57 — Prevention Of Fire.
Section 219.64 — Assumption Of Risk; Contributory Negligence.
Section 219.661 — Speedometer; Legislative Findings.
Section 219.662 — Speedometer Required; Reports.
Section 219.753 — Crane On Tracks; Detector; Misdemeanor.
Section 219.76 — Damage Caused By Train Or Contents; Insurable Interest.
Section 219.761 — Response To Train-related Fire Or Other Emergency; Reimbursement.
Section 219.77 — Railroad Employer Liability.
Section 219.79 — Contributory Negligence Does Not Bar Recovery.
Section 219.80 — Assumption Of Risk No Defense.
Section 219.81 — Contrary Contract Declared Void.
Section 219.815 — Employer Includes Receiver.
Section 219.82 — Survival Of Right Of Action.
Section 219.83 — Limitation Of Action.
Section 219.93 — Stopping Train At Crossing.
Section 219.97 — Violations; Penalties.
Section 219.98 — Fees For Applying For Order.
Section 219.99 — Railroad Prairie Right-of-way; Best Management Practices.