(1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not required under ORS 824.214, and upon finding that such action is required by the public safety, necessity, convenience and general welfare: (a) Eliminate a grade crossing by relocation of the highway; (b) Alter or abolish any grade crossing or change the location thereof, or require a separation of grades at any such crossing; (c) Alter or change any existing crossing at separated grades; and (d) Require installation or alteration of protective devices. (2) The department shall prescribe the time and manner of such alteration, change, installation or alteration, and the terms and conditions thereof. [Formerly 763.030; 1997 c.249 250; 1997 c.275 16]
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