NRS704.300. Railroad crossings: Powers of Commission; payment of expenses.

      1.  After an investigation initiated either upon the Commission’s own motion or as the result of the filing of a formal application or complaint by the Department of Transportation, the board of county commissioners of any county, the town board or council of any town or municipality, or any railroad company, the Commission may order for the safety of the traveling public:

      (a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.

      (b) Changes in the method of crossing at grade, or above or below grade.

      (c) The closing of a crossing and the substitution of another therefor.

      (d) The removal of obstructions to the public view in approaching any crossing.

      (e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.

      2.  The Commission shall order that the cost of any elimination, removal, addition, change, alteration or betterment so ordered must be divided and paid in such proportion by the State, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost in NRS 704.305.

      3.  If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 1, all costs incurred by reason of the hearing, including, but not limited to, publication of notices, reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.

      [18A:109:1919; 1919 RL p. 3160; NCL § 6118]—(NRS A 1963, 813; 1971, 573; 1979, 1816; 2007, 1772)