1954 - Periodicals - CALIFORNIA HIGHWAYS AND PUBLIC ... - Metro

tion engineering and right of way,
bility under the 1944 Highway Act,
the cost of that portion of an improve-
ment which will accomplish reduc-
grade separation for the purpose of
determining railroad benefit and lia-
California Highways
is specified in C. A. ~~~. i~TO. 325 as
tion or elimination of railroad cross-
railroads have accepted G. A. ~~~L No.
This includes cost of underpass or
ing hazard including cost of construc-
In the case of totally ne~v crossings,
tour and all «~orlc necessary to effect
The total cost of ahighway-railroad
thereto, railroad shoofly, high~,ay de-
~vay approach and rail approaches
overhead structure, necessary high-
ects but also on those financed with
fornia not only on federal aid proj-
eliminate is closed, the railroad benefit
crossing of an existing high«-a~~ is con-
tionment has been followed in Cali-
This memorandum provides in ef-
highway crossing of the railroad as
tribution to the cost of grade separa-
325 as a basis for figuring railroad con-
fore no railroad contribution is re-
of no benefit to the railroad and there-
and railroad contribution is 10 per-
which the separation is designed to
fect that if the existing grade crossing
cent; if this principal grade crossing
the railroads for construction of grade
federal funds; and since 1948, Califor-
In California both the State and the
No. 325 of the U. S. Bureau of Public
contribution; ~~hile a ne~v railroad
and therefore requiring no railroad
Officials and the Association of Amer-
being of no benefit to the railroad
reaching satisfactory agreements with
tions financed in whole or in part with
G. A. M. INTO. 325 considers a new
nia has had very little difficulty in
is not closed, the project is considered
ican Railroads, and was set forth in
General Administrative 1Vlemorandum
by joint committee action of the
struction of grade separations under
benefit was needed. It was provided
the 1944 act. A definition of railroad
separations on federal aid projects.
Roads, dated August 26, 1948.
state or railroad funds alone.
percent by the railroad. This appor-
benefit and should be financed 100
sidered wholly for the railroad's
American Association of High~'ay
quired.
arations on new highway alignment,
a highway-railway grade separation,
way programs throughout the Nation.
passing the 1944 Highway Act, Con-
amount of the railroad benefit but not
lem of establishing railroad benefit,
The Federal Aid Highway Act of
or with federal funds under the 1944
from a grade separation. They com-
the railroad's obligation to 10 percent
crossinb in ,question for claims, legal
For three years after the passage of
Federal Aid Highway Act. A few sep-
trackage, divided by the total num-
crossing maintenance, or on the total
separations as part of accelerated high-
the railroad involved is liable for the
act provided that for construction of
under the 1935 and subsequent acts
were practically all financed with fed-
Other states faced the same prob-
as maximum railroad benefit, possibly
gress recognized that the railroads
1944 introduced a new element. The
State of California and the railroads
grade separations on the state high-
ter basis, one railroad figured its an-
agreement on this point. The railroads
heavy a financial burden incident to
have an obligation to contribute to the
to exceed 10 percent of the cost. In
crossing, were financed wholly with
ber of its grade crossings. On the lat-
to protect the railroads from too
which did not close any existing grade
with .the consequent stoppage of con-
at an average grade crossing at less
nual savings by elimination of hazards
placed a very small valuation on the
annual out-of-pocket costs at the
the 1944 Federal Highway Act, the
the construction of numerous grade
expenses, repair of damage, and grade
amount paid by the railroad because
puted it either on the basis of average
cost of grade separations, but limited
of crossing accidents on its California
were unable to reach a satisfactory
eral grade crossing funds, apportioned
intangible benefit accruing to them
ways constructed during this period
railroad and the public. The railroad
What constitutes railroad benefit?
state funds by agreement.
Benefit Principle
cost of a grade separation between the
other decision which adjudicated the
than $200.
this argument in its 193 3 Decision No.
Garage Underpass in Tulare County.
at railroad-highway grade crossings,
commission decisions in similar cases.
Southern Pacific Company to con-
being forced to contribute to the con-
1935. That act provided Federal
contribute to the cost of a grade sepa-
struction of a roadway for the use of
highways had reached the point where
improvement of major cross-country
tribute $15,000 towards the construc-
The commission took cognizance of
cost of grade separations. Also, the
crease in the number and the over-all
$66,700 exclusive of paving, or about
railroads argued, they were in effect
including construction of grade sepa-
It is to be noted that this decision was
ration in excess of railroad benefit the
financing of the eliminarion of hazards
they were being increasingly used by
railroads began to contend that the
50 percent apportioned by previous
Federal Emergency Relief Act of
on US 99. The decision required the
25551 for construction of the Plaza
long-haul motor trucks. If required to
under 1935 and subsequent federal ap-
eliminated an existing grade crossing
rations as well as installation of auto-
Works Progress funds for complete
of uneasy truce, with the inevitable
depression, when the earning capacity
rendered at the depth of a financial
tion of this grade separation costing
lotted to California for these purposes
showdown deferred as a result of the
This was a grade separation which
22 percent of cost, as compared with
Public Utilities Commission issued an-
the railroads, except that they were
Approximately $17,000,000 was al-
reimbursed on the basis of direct out-
grade separations involved no cost to
101 grade separations were built in
of-pocket costs for work done by rail-
this State `vith federal funds. These
propriations up to 1944 and a total of
The next decade or so was a period
Actually, it was 1949 befare the
road forces, with no allowance for
struction, there came a marked in-
matic crossing protection devices.
overhead and similar items.
Federal Aid Truce
of business was very low.
a competitor.