If the city or town council of any city or town where a turnpike or highway crossed by a railroad on a level therewith is situated, is of the opinion that it is necessary for the security of the public that the turnpike or highway should be raised or lowered, so as to pass over or under the railroad, it may request in writing that the corporation owning the railroad raise or lower the turnpike or highway. If the corporation neglects or refuses to do so, the city or town council may apply to the commission to decide upon the reasonableness of the request. If the commission, after due notice and hearing the parties, shall decide that the lowering or raising of grade is necessary for the security of the public, the corporation shall comply with the decision; provided, that either party shall have the right, in accordance with chapter 5 of this title, to petition the supreme court for relief, and the court shall have full power to finally decide the question as to the necessity of changing the grade. The cost and expense of making the change of grade shall be borne by the railroad corporation and the city or town asking for the change, in the proportion as may be decided by the court. If, after the decision of the court that a change of grade is necessary, or if, having taken no appeal from the decision of the commission, the corporation shall unreasonably neglect or refuse to change the grade, the city or town council may proceed to make the change, and may, in an action against the corporation, recover all charges and expenses occasioned by making the alterations.

History of Section.
G.L. 1896, ch. 187, § 44; C.P.A. 1905, § 1226; G.L. 1909, ch. 215, § 48; G.L. 1923, ch. 251, § 39; G.L. 1938, ch. 124, § 39; G.L. 1956, § 39-8-2; P.L. 1973, ch. 199, § 6; P.L. 1984, ch. 81, § 14; P.L. 2006, ch. 216, § 13.