Session Law

Identifying Information:L. 2001 ch. 015
Other Identifying Information:2001 House Bill 2045
Tax Type:Other
Brief Description:An Act relating to railroads; concerning railroad crossings; amending K.S.A. 66-227and 66-229 and repealing the existing sections.




An Act relating to railroads; concerning railroad crossings; amending K.S.A. 66-227

and 66-229 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 66-227 is hereby amended to read as follows: 66-

227. It is hereby made the duty of every person or corporation owning

or operating any railroad crossed by a public highway, county highway or

township road to make, and keep in good repair, good and sufficient

crossings for such highway, road or street over their tracks, including all

the grading, bridges, ditches, and culverts within their right-of-way that

may be necessary to make a safe crossing as hereinafter provided. Said

crossings shall not be less than twenty-four feet in width on county roads

or twenty feet in width on township roads, and shall be on the same grade

as the track for thirty feet on each side of the center of said track, unless

the board of county commissioners shall find the same to be unnecessary,

and the approaches thereto shall not exceed a six percent grade and shall

be solidly constructed of the same material throughout, except that next

to the rail any suitable material may be used that will prevent the settling

against the rails of any material used in said crossing, with no openings

or filled spaces therein, except such as is necessary for the rails; and, for

railroad crossings, such material shall be wood, gravel, crushed rock, con-

crete, burned clay or slag at the discretion of said company and of a

permanent thickness equal to the height of the railroad rails. The vertical

profile or alignment of the centerline of the highway, road or street

through the crossing shall comply with the American association of state

highway and transportation officials (AASHTO) design manual titled, ``a

policy on geometric design of highways and streets'' as published and in

effect on January 1, 2001.

That When the highway crossing the track is improved by the construc-

tion of a hard-surfaced road, the railroad company shall pave the space

between the rails and for a distance of two feet on each side thereof with

a pavement of the same or a better type for the full width of the pavement

on the highway. On other crossings where the highway has not been

improved, the planking or other material used between and for a distance

of one foot outside of the rails shall be of sufficient length to provide for

a 16-foot a length to equal the roadway width measured perpendicular to

the axis of the highway: Provided further, That. Nothing in this act shall

be construed to repeal any provision of law relating to railroad crossings

on streets in cities of the first and second class.

Sec. 2. K.S.A. 66-229 is hereby amended to read as follows: 66-229.

Upon complaint, it is hereby made the duty of every county engineer and

road overseer supervisor in this state to see that this act is complied with

in his such person's jurisdiction, and to report to the county attorney of

his such person's county every failure on the part of any person or cor-

poration to comply with this act, and. It is hereby made the duty of the

county attorney of each county in the state to enforce this act.

Sec. 3. K.S.A. 66-227 and 66-229 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 15, 2000.


Date Composed: 09/25/2001 Date Modified: 09/25/2001