If the Indiana department of transportation, upon receiving a petition to open a crossing, finds:

1. (1) that the proposed crossing meets the criteria required to open a new grade crossing adopted by the department under section 3.1 of this chapter; or

2. (2) that a compelling reason has been shown for the crossing to exist;

   the department shall issue an order approving the petition.

As added by P.L.81-1996, SEC.9.