§ 56-368.1. Subsequent maintenance of underpasses and overpasses.
After the work specified in §§ 56-366.1 and 56-366.3 regarding underpassesand overpasses has been done, the maintenance, including drainage, of anyunderpass hereafter so constructed, except the pavement thereof, shall be thesole responsibility of the railroad company and the maintenance of anyoverpass hereafter so constructed shall be the sole responsibility of theDepartment of Transportation or the public road authority; provided, that therailroad company shall not be responsible for any damage to an underpasscaused by operations on the highway, and the Department of Transportation orthe public road authority shall not be responsible for any damage to anoverpass caused by the operations of the railroad company; and furtherprovided, that the provisions herein as to maintenance of overpasses andunderpasses shall also be construed as applicable in the case of thosestructures previously built on the primary system under agreement between therailroad company and the Department of Transportation or the public roadauthority; and further provided that the provisions herein as to maintenanceby a railroad company shall not be applicable in the case of any underpasshereafter constructed without eliminating a crossing of a railroad and ahighway grade, but the maintenance of such structures, including highwaydrainage and pavement therefor, shall be the sole responsibility of theDepartment of Transportation or the public road authority.
(1924, p. 147; 1926, p. 399; 1930, p. 75; 1934, p. 265; Michie Code 1942, §3974a; 1948, p. 1003; 1962, c. 538; 1996, cc. 114, 157.)
§ 56-368.1. Subsequent maintenance of underpasses and overpasses.
After the work specified in §§ 56-366.1 and 56-366.3 regarding underpassesand overpasses has been done, the maintenance, including drainage, of anyunderpass hereafter so constructed, except the pavement thereof, shall be thesole responsibility of the railroad company and the maintenance of anyoverpass hereafter so constructed shall be the sole responsibility of theDepartment of Transportation or the public road authority; provided, that therailroad company shall not be responsible for any damage to an underpasscaused by operations on the highway, and the Department of Transportation orthe public road authority shall not be responsible for any damage to anoverpass caused by the operations of the railroad company; and furtherprovided, that the provisions herein as to maintenance of overpasses andunderpasses shall also be construed as applicable in the case of thosestructures previously built on the primary system under agreement between therailroad company and the Department of Transportation or the public roadauthority; and further provided that the provisions herein as to maintenanceby a railroad company shall not be applicable in the case of any underpasshereafter constructed without eliminating a crossing of a railroad and ahighway grade, but the maintenance of such structures, including highwaydrainage and pavement therefor, shall be the sole responsibility of theDepartment of Transportation or the public road authority.
(1924, p. 147; 1926, p. 399; 1930, p. 75; 1934, p. 265; Michie Code 1942, §3974a; 1948, p. 1003; 1962, c. 538; 1996, cc. 114, 157.)
§ 56-368.1. Subsequent maintenance of underpasses and overpasses.
After the work specified in §§ 56-366.1 and 56-366.3 regarding underpassesand overpasses has been done, the maintenance, including drainage, of anyunderpass hereafter so constructed, except the pavement thereof, shall be thesole responsibility of the railroad company and the maintenance of anyoverpass hereafter so constructed shall be the sole responsibility of theDepartment of Transportation or the public road authority; provided, that therailroad company shall not be responsible for any damage to an underpasscaused by operations on the highway, and the Department of Transportation orthe public road authority shall not be responsible for any damage to anoverpass caused by the operations of the railroad company; and furtherprovided, that the provisions herein as to maintenance of overpasses andunderpasses shall also be construed as applicable in the case of thosestructures previously built on the primary system under agreement between therailroad company and the Department of Transportation or the public roadauthority; and further provided that the provisions herein as to maintenanceby a railroad company shall not be applicable in the case of any underpasshereafter constructed without eliminating a crossing of a railroad and ahighway grade, but the maintenance of such structures, including highwaydrainage and pavement therefor, shall be the sole responsibility of theDepartment of Transportation or the public road authority.
(1924, p. 147; 1926, p. 399; 1930, p. 75; 1934, p. 265; Michie Code 1942, §3974a; 1948, p. 1003; 1962, c. 538; 1996, cc. 114, 157.)
