Section 1202 gives the commission exclusive power to regulate public or publicly used road or highway crossings, including locating, maintaining, protecting, and closing them. The railroad must maintain the crossing, and the commission is given the authority to fix and assess the cost thereof. Section 7537 gives the owner of adjoining lands the right to private or farm crossings necessary or convenient for egress or ingress. 2 the commission ordered the costs of installing and maintaining the protective devices be paid by the railroad, the City of San Jose, County of Santa Clara, and the Department of Transportation. However, concluding that section 1202.3 is unconstitutional, fn. It also found the crossing is "publicly used" within the meaning of section 1202. The commission found that public welfare, convenience and necessity require the crossing be protected by flashing light signals and automatic gate arms. 1įollowing an auto-train collision at a crossing on Southern Pacific Coast Route Main Line, the Public Utilities Commission (commission) investigated the safety, maintenance, operation and use of the crossing. Southern Pacific Transportation Company seeks review of Decisions 8353 of the Public Utilities Commission, holding that Public Utilities Code section 1202.3 is unconstitutional. Mayfield, Deputy City Attorneys, as Amici Curiae on behalf of Petitioner. Karren, Assistant City Attorney, Donald C.
Stone, City Attorney (San Jose), Richard K.
Thompson, Assistant County Counsel, Peter G. Siegel, County Counsel (Santa Clara), Gerald J. Separate concurring and dissenting opinion by Mosk, J., with Sullivan, J., concurring.) J., McComb, Tobriner and Richardson, JJ., concurring. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Petitioner, v.
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