The situation is quite confusing. Restricting the discussion to the vast numbers of existing RR/road crossings (not new crossings), then to what degree does the state control the installation of automated crossing protection (upgrades)? The various articles I read about this crash strongly suggest that MODOT is largely throttling which RR/road crossing automated protection upgrades are executed, and implies this throttling is largely because of state spending limits. But if as you say most of the cost of these upgrades is to be borne by BNSF, why would MODOT be reluctant to compel BNSF to spend money upgrading crossing protection throughout their state? If BNSF had refused such "suggestions" by the state, I would expect to made aware, post crash, of how evil BNSF was in not performing needed safety upgrades requested/commanded by the state, how the state is suing BNSF to compel them to do so, and how BNSF is 100% liable for the damages related to this crash. But that isn't what I read in any of the articles related to this crash. This strongly suggests to me that the state bears significant, perhaps gating, responsibility here.

Any clarification of what's going on in this regard would be appreciated.