Whenever any railroad and state highway or part thereof shall cross each other at the same level and, in the opinion of the State Highway Commission, such crossing is dangerous to public safety or traffic is unreasonably impeded thereby and such crossing should be removed, the State Highway Commission may order such crossing eliminated either by having the State Highway Department carry such state highway under or over the tracks of such railroad.
The plans covering such proposed changes may be made either by the director of the State Highway Department, subject to the approval of the highway commission or the railroad company affected, but shall in either event be approved by both the highway commission and the railroad company before contract is awarded; but such provision shall not be used to unreasonably delay the construction of any proposed structure. When plans have been approved, such proposed work shall be advertised and contract awarded as elsewhere provided in this chapter for the advertising and awarding of contracts. Joint supervision of construction may be had by both the State Highway Department and the railroad company. The state highway commission and the railroad company shall pay equal parts of the cost of any underpass or overpass across the right-of-way of the railroad company. Such work shall be so planned and prosecuted as to allow the safe and regular operations of trains at every stage of the work.
Appeals from decisions or determinations of the State Highway Commission may be made by any party affected under this section, and the procedure for such appeal shall be the same as is provided by law for appeals from decisions and determinations of the boards of supervisors.
Structure Mississippi Code
Title 65 - Highways, Bridges and Ferries
Chapter 1 - Transportation Department
§ 65-1-3. Mississippi Transportation Commission
§ 65-1-5. Organization and meetings
§ 65-1-7. Compensation of the commissioners
§ 65-1-9. Executive Director of Department of Transportation
§ 65-1-10. Powers and duties of Executive Director
§ 65-1-11. Chief Engineer and other employees
§ 65-1-15. Secretary of the commission
§ 65-1-17. Rental of office space in buildings not owned by the state
§ 65-1-20. Office of Intermodal Planning
§ 65-1-23. Testing laboratory, machine shops, etc.
§ 65-1-25. Contract for maintenance of connections on highways near state boundaries
§ 65-1-31. Certain roads located on levees as temporary state highways
§ 65-1-33. Publicly owned ferries
§ 65-1-35. Roads leading to reactivated air bases
§ 65-1-37. Driveways of certain institutions
§ 65-1-39. Maintenance of roads on Australia Island
§ 65-1-41. Roads serving industrial sites and port areas
§ 65-1-43. Costs and feasibility surveys for toll highways and bridges to offshore islands
§ 65-1-44. Instruction course for weight and tax enforcement personnel
§ 65-1-45. Weight limitation on highways and bridges
§ 65-1-46. Appeals Board; appeal of penalty for excess weight; judicial review
§ 65-1-47. Control of highways; eminent domain
§ 65-1-49. Easements for highway purposes
§ 65-1-51. Land adjacent to highway rights of way; wetlands
§ 65-1-55. Noxious weeds and plants prohibited in rights of way
§ 65-1-63. Paving to connect county seat with paved road
§ 65-1-70. Construction of protective devices at railroad crossings
§ 65-1-70.5. Imputation of liability as to protective devices at railroad crossings
§ 65-1-73. Repair of city streets used as detours for United States highways
§ 65-1-83. Traffic census and other surveys, inspections or studies
§ 65-1-86. Duty of Attorney General with respect to illegal contracts or criminal acts
§ 65-1-87. Purchases of war surplus equipment, supplies and materials
§ 65-1-89. Contract arbitration provisions
§ 65-1-91. Arbitration proceedings and effect
§ 65-1-93 through 65-1-109. Superseded
§ 65-1-110. Mississippi Department of Transportation Equipment Purchase Fund established
§ 65-1-111. Highway funds; bond and interest funds
§ 65-1-112. Funds to be expended on basis of state need
§ 65-1-115. System of accounting
§ 65-1-117. County and federal funds for road construction
§ 65-1-121. Inventory and report of property
§ 65-1-125. Sale of used road building materials
§ 65-1-127. Participation in Federal Highway Administration Fellowship Program in Highway Safety
§ 65-1-129. Security officers; definitions
§ 65-1-133. Security officers; arrest and detention
§ 65-1-135. Security officers; termination of authority
§ 65-1-137. Security officers considered independent contractors
§ 65-1-143. Construction to commence at points having greatest traffic congestion
§ 65-1-145. Method of expenditure of funds
§ 65-1-151. Additional bonds required of commissioners and director
§ 65-1-155. Transfer of funds to Bureau of Building, Grounds and Real Property Management
§ 65-1-159. Implementation of fund transferral by director
§ 65-1-161. Authorization for Office of General Services to convey right-of-way across certain lands
§ 65-1-163. Disposition of proceeds of sale authorized by Section 65-1-161
§ 65-1-165. Contract for development of comprehensive statewide litter prevention program