Section 1202.3 Of Chapter 6. Railroad Crossings From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 6.
1202.3
. Notwithstanding any other provision of this chapter, in any
proceeding under Section 1202, in the case of a crossing involving a
publicly used road or highway not on a publicly maintained road
system, the commission may apportion expense for improvements to the
county in the case of unincorporated territory, city or other
political subdivision if the commission finds (a) that the owner or
owners of private property served by such publicly used crossing
agree to expressly dedicate and improve, and the affected public
agency agrees to accept, a right-of-way or roadway over such property
for a reasonable distance from such crossing as determined by the
commission, or (b) that a judicial determination of implied
dedication of such road or highway over the railroad right-of-way to
public use, based on public user in the manner and for the time
required by law, has taken place.
If neither of these conditions is found to exist, the commission
shall order the crossing abolished by physical closing.
In no event shall a railroad be required to bear costs for the
improvement of a publicly used crossing in excess of what it would be
required to bear in connection with the improvement of a public
street or highway crossing.