STATE ROADS 3295

An. Code, 1924, art. 91, sec. 36. 1912, art. 91, sec. 51. 1910, ch. 116, sec. 328 (p. 306).

1931, ch. 539, sec. 11.

25. The State Roads Commission is hereby authorized to establish a
stone-crushing plant, or plants, to produce road material available most
economically for water or other transportation, and shall have the power
to rent, purchase or condemn stone quarries, gravel, clay, sand and shell
deposits with rights of way thereto, and wharves and landings and switches
for shipping or receiving material, and storage places, and to do all other
things necessary and proper in connection with the purchasing, producing,
accumulating and distributing such road material, including the hire and
purchase of any and all means of land water transportation for the same.

Grade Crossings.

1931, ch. 539, sec. 12.

26. Whenever any railroad or railway company shall cross said road
it shall be required to keep its own road-bed and the bed of the said
highway in proper repair or else to have constructed an overhead or under-
grade crossing subject to the approval of the said commission or in con-
formity to the provisions of Article 23 of the Annotated Code of Public
General Laws as to crossings of railroad companies in regard to flagmen
and electric bells; and the tracks of such railroads or railways shall be so
constructed as to give absolutely safe and easy approach to and crossing
thereof; and in case of failure so to construct, the said commission shall
construct the same, and upon certification of said construction and the cost
thereof, after due notification to such company to construct and its failure
so to do the cost thereof shall ex parte be rendered a judgment against
such company by the Circuit Court or any justice of the peace in such
counties before whom such proceedings shall have been instituted.

1931, ch. 539, sec. 13.

27. Whenever a State highway and any railroad or railway, worked by
steam or other power, cross each other at the same level and it shall appear
to the State Roads Commission that such crossing is dangerous to public
safety or that the public travel on such way is impeded thereby, the State
Roads Commission may alter such crossings by substituting therefor a
crossing not at the grade of such public highway, either by carrying such
public highway under or over such railroad, or by reconstructing such
railroad under or over such public highway, or by vacating, relocating or
changing the lines, width, direction or location of such highway and the
opening of a new highway in the place of the one ordered vacated, pro-
vided, however, that whenever the Commission deems it advisable, the Com-
mission may order the company or companies operating such railroad to
make such alterations, changes, relocation and/or opening, within such
time as the Commission may fix, and according to plans to be approved
by the Commission.

State Roads Commission has power to close grade crossing and to provide new outlet
over bridge at greater distance away. See notes to art. 3, sec. 40A of Md. Constitution.
Brehm v. State Roads Comm., Daily Record, May 3, 1939.

Change of grade in elimination of grade crossing, without taking or encroaching
upon abutting land, does not entitle owner to consequential damages. Smith v
B. & O. R. R. and State Roads Commn., 168 Md. 92.

1927, ch. 327, sec. 38A. 1931, ch. 539, sec. 14.

28. Whenever a state highway crosses under or over any railroad or
railway referred to in the preceding sections, by an underpass or overhead