Bill > HF493

Introduced Session

Under current law, the department of transportation (DOT), based on an engineering study, with reference to primary highways, and local authorities with reference to other highways under their jurisdiction, may designate through highways and erect stop signs or yield signs in accordance with specifications established by the DOT at specified entrances to the highway, or may designate any intersection as a stop intersection or as a yield intersection and erect like signs at one or more entrances to such intersection. This bill requires the DOT to erect and maintain an official traffic-control signal at the intersection of United States highway 18, including where the highway designation overlaps with black forest road or 320th street in the city of Hull, and division street in the city of Hull. Under current law, a city may require by ordinance a railway company operating railway tracks on or across a city street to construct or reconstruct, and maintain, an overpass or underpass to permit the street to pass over or under the tracks, and may establish specifications for the construction or reconstruction of such an overpass or underpass, subject to certain restrictions required under Code section 364.8. The restrictions include that the construction requirement may not be enforced until the DOT approves the specifications for construction and determines that the overpass or underpass is necessary for public safety and convenience; at least 20 days’ notice is provided to the involved railway companies; the same railway company cannot be required to construct overpasses or underpasses closer than on every fourth parallel street, or more than one overpass or underpass each year, or require approaches longer than 800 feet for a single overpass or underpass; a city must provide for the appraisal and assessment of damages to private property and pay the assessed damages; and a city must pay half of the required maintenance costs and may divide the remaining costs between the railway companies whose tracks are crossed by the overpass or underpass. A city is authorized to enforce the construction of an overpass or underpass, if approved, through an action in mandamus, as provided in Code section 327C.16 for actions brought by the DOT. If the city wins the mandamus action, it can have the required construction, reconstruction, or maintenance work completed and obtain judgment for the cost of the work against the railway companies. The bill authorizes a city to require by ordinance a railway company operating railway tracks on or across a nonprimary highway within the city limits to construct an overpass or underpass, subject to the same restrictions applicable to an ordinance requiring construction of an overpass or underpass on a city street. The bill requires the DOT to approve construction of an overpass in Plymouth county on county highway C44 over the railway tracks located within the city of Merrill on the east side of the city.

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Skyler Wheeler (R)*, 

Introduced, referred to Transportation. H.J. 374. (on 02/20/2025)

Official Document