§323. Streets; pavement and repair of

A. All railroads, except those owned and operated by a political corporation, railways and street railway companies in any subdivision of the state, whose tracks are laid on or across the public street of any municipality, shall keep in good condition and suitable for vehicular traffic that portion of the street lying between the rails of the tracks of such railroad and railways, and for a distance of two feet on the outside of each rail of the tracks used or operated by them, together with the necessary headers; and when the street is paved, whether before or after the tracks are laid, they shall pave, repave, repair, and keep in good condition and suitable for vehicular traffic that portion of the public street lying between the rails of the tracks used by such railroad or railways, and for a distance of two feet on the outside of each rail of the tracks used or operated by them, with such character or kind of paving, together with the necessary headers, as may, from time to time, be designated by the governing body of the municipality. If the ties of any track shall extend for a greater distance than two feet on the outside of the rails, the duty and obligation of the railroads or railways to pave, repave, repair, and keep in good condition said pavement, shall extend to the ends of the ties. In addition the railroad or railways shall in all cases install and maintain the necessary headers to separate that portion of the public street to be paved, repaved, repaired, and maintained by them from the other portions of the public street.

B. If any railroad, except those owned and operated by a political corporation or railway shall have two or more tracks laid on or across the streets of any municipality, and the distance between the centers of any two parallel and adjacent tracks shall exceed fourteen feet, the paving, repaving, repair, and maintenance of the street between any two parallel and adjacent tracks, lying between the two foot limit on the outside of the rails of the tracks shall be at the cost of the property owners along the street, and on the intersecting streets, or the municipality, as the case may be provided for by existing laws, and prorated as provided for in those laws.

C. If any railroads, except those owned and operated by a political corporation or railway shall have two or more tracks laid on or across the streets of any municipality, and the distance between the centers of any two parallel and adjacent tracks shall be fourteen feet or less, the paving, repaving, repair, and maintenance of the street between any two parallel and adjacent tracks lying between the two foot limit on the outside of the rails of said tracks shall be at the cost of railroads and railways.

D. All railroads, except those owned and operated by a political corporation, railways and street railway companies in any incorporated municipality within the state, shall comply with the provisions, rules and regulations of the governing body of such municipality concerning the cutting of grass and weeds on rights of way within the incorporated limits of a municipality and extending three miles outside the incorporated limits.

Amended by Acts 1981, No. 578, §1.