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Regular Session, 2012 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 20
BY SENATOR ADLEY
A CONCURRENT RESOLUTI ON
To urge and request the Department of Transportation and Development to hold public
meetings prior to proposed closure of a public railroad grade crossing on non-state
maintained parish and municipal roadways.
WHEREAS, R. S. 48:390.1 authorizes the Department of Transportation and
Development to evaluate the need to close any public railroad grade crossing on a non-state
maintained highway within the territorial jurisdiction of any local governing authority in
compliance with the Federal Railroad Crossing Safety Program; and
WHEREAS, if the department's evaluation suggests closure of such public railroad
grade crossing is necessary for safety and in the best interest of the public, the department
must encourage public participation, by doing the following:
(1) Providing written notice to the local governing authority with jurisdiction over
the non-state maintained highway, the railroad company whose railroad tracks are crossed
at grade by such highways, and any other party deemed by the department to be interested
in the necessity to close such crossing;
(2) Establishing in such notice a set time period of not less than thirty days for such
local governing authority, railroad, or other interested party to respond to the department;
and
(3) Attempting to address concerns of such local governing authority, the railroad,
or other interested party timely communicated to the department in writing or received at
any public hearing held by the local governing authority relative to the closure; and
WHEREAS, R.S. 48:390 requires the Department of Transportation and
Development to complete a study of all public railroad crossings to establish priorities for
improvement, relocation, or closure and to develop a prioritized plan to implement railroad
grade crossing improvements, relocations, or closures pursuant to the Federal Railroad
Crossing Safety Program; and SCR NO. 20 ENROLLED
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WHEREAS, the department holds public meetings on proposed closures of public
railroad grade crossings on state maintained highways pursuant to the department-adopted
procedures entitled "Public Meeting Procedures for Highway/Rail Grade Crossing
Consolidation and Closure on State Maintained Highways" adopted in September 2011; and
WHEREAS, such public meeting procedures provide for department notification and
explanation of proposed closures on state maintained highways; and
WHEREAS, at such public meetings the department accepts written comments and
requests for additional information; and
WHEREAS, the department does not hold such public meetings prior to proposed
closure of a public railroad grade crossing on non-state maintained parish and municipal
roadways.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Department of Transportation and Development to hold public meetings
prior to a proposed closure of a public railroad grade crossing on non-state maintained parish
and municipal roadways.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Department of Transportation and Development.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES