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Are RRs or States Responsible for Condition of Crossings?
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Normally the responsibility for corssing gate installation rests with the government. The railroads, except in the downtowns of older cities, were there before the roads came. The railroads would issue a crossing easement for a road to be built across the railroad property. This agreement could take any form you can rhink of. Normally the requestor of the crossing easement would have to install the crossing and gates as part of receiving their easement and indemnify the railroad for accidents. <br /> <br />As mentioned today the railroads and the FRA are trying to eliminate at grade crossings. If a city wants a new crossings the railroad does a 2 or 3 for one trade. Close 2 or 3 existing crossings and we will give you a new one. <br /> <br />Occasionally a bootleg crossing will spring up. the railroad will place a barrier across the unauthorized crossing as a first attempt to stop an illegal crossing. The bootleg crossing user will tear down the barrier at which point the railroad will seek an injunction. If the line being crossed is little used the storage of a few boxcars strategically placed is a great deterrant. <br /> <br />Many times the railroad in granting the crossing easement will retain the unilateral right to close the crossing upon 24 hour to 30 day notice. Although the railroad has the legal right to close the crossing this must be done with care. People who use the crossing will be at the next government meeting crying about the big nasty railroad putting thousands out of work by the closing. Travel here at your own risk.
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