The division of the costs of the elimination of the grade crossings by means of grade separation structures shall be as follows:

(1) The total cost of a grade crossing elimination by the use of an overhead bridge shall be paid one half by the department or subdivision and one half by the railroad involved, the proportion to be paid by the railroad in no case to exceed the actual cost of that part of the structure over its tracks between the piers or abutments and foundations adjacent to such tracks and including the costs of such piers or abutments and foundations, except that in the case of a permanent structure of concrete, steel or other like substance, the railroad shall pay one half of the cost of such structure, including the approaches, for a distance of not exceeding one hundred and fifty feet on either side of the railroad, measured from the center of the space occupied by the tracks;

(2) In case the elimination of such grade crossing shall be by the building of an underpass, the department or subdivision shall pay one half and the railroad involved the other half of the cost of the cut through the railroad fill and of the cost of the bridge carrying the railroad, including the foundations and piers or abutments for such bridge, but the cost of the approaches to such underpass shall be paid by the department or subdivision and such department or subdivision shall construct it at its own expense and maintain the necessary drainage; but the railroad will be charged with the duty and cost of maintaining the entire structure carrying the railroad tracks, including the foundations and supports thereof;

(3) Whenever such railroad shall provide a floor for an overhead bridge, capable of carrying a road surface of rock asphalt or other like substance, the department or subdivision shall assume the duty and cost of the maintenance of the superstructure of such bridge and, if such floor is not so constructed, the department or subdivision shall assume the duty and cost of the maintenance of the superstructure of such bridge and render to the railroad company involved a bill for the cost thereof, which shall be paid by the railroad involved within sixty days after the rendition of such bill and, if not paid, interest shall be added thereto at the rate of seven per cent per annum; but in all cases of an overhead bridge, the railroad involved shall maintain at its own expense the foundations and piers or abutments supporting such superstructure;

(4) When more than one railroad is involved in the separation of crossings at grades, such portion of the cost of construction and maintenance as this article provides shall be paid by the railroad shall be borne by such railroads in such proportion as will be equitable, to be agreed upon by the railroad companies, and in case they cannot agree, to be fixed by the Public Service Commission on a hearing to be held in the usual manner, with the usual right of appeal; and

(5) In all cases of grade separation hereunder the railroad shall permit the use, free of cost, of so much of its right of way as is necessary and the department or subdivision involved shall be charged with the duty of acquiring such additional rights-of-way as shall be necessary and shall be chargeable with liability for any property damages or other damages resulting from the change in topographical conditions.

HISTORY: 1962 Code Section 58-816; 1952 Code Section 58-816; 1942 Code Section 8465; 1932 Code Section 8440; 1924 (33) 1057.