(a)If a highway or road is being constructed or
reconstructed so that it crosses or intersects the existing tracks of a
railroad at grade level at a point where no crossing previously existed,
the department, county, city, or town under whose jurisdiction the
crossing lies shall pay the cost of the construction of the new crossing,
the approaches to the crossing, and the cost of the necessary protective
or crossing warning signals. After construction, the owner or lessee of
the railroad shall maintain the crossing and protective or crossing
warning signals and keep them in repair at the owner's or lessee's cost.
(b)If the owner or lessee of a railroad is constructing or
reconstructing railroad tracks so that the tracks cross or intersect a
highway or road at grade level at a point where
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(a) If a highway or road is being constructed or
reconstructed so that it crosses or intersects the existing tracks of a
railroad at grade level at a point where no crossing previously existed,
the department, county, city, or town under whose jurisdiction the
crossing lies shall pay the cost of the construction of the new crossing,
the approaches to the crossing, and the cost of the necessary protective
or crossing warning signals. After construction, the owner or lessee of
the railroad shall maintain the crossing and protective or crossing
warning signals and keep them in repair at the owner's or lessee's cost.
(b) If the owner or lessee of a railroad is constructing or
reconstructing railroad tracks so that the tracks cross or intersect a
highway or road at grade level at a point where no railroad crossing
previously existed, the owner or lessee of the railroad shall pay the cost
of the construction of the new crossing, the approaches to the crossing,
and the cost of the necessary protective or crossing warning signals.
After construction, the owner or lessee of the railroad shall maintain
the crossing and protective or crossing warning signals and keep them
in repair at the owner's or lessee's cost.
(c) If a highway or road crosses or intersects the tracks of a railroad
at grade level and the highway or road is reconstructed to alter the
existing crossing or intersection by a change of grade, widening or
changing the type of pavement, or by changing the angle of the
intersection, the department, county, city, or town under whose
jurisdiction the crossing lies shall pay the cost of the reconstruction of
the crossing, the approaches to the crossing, and the cost of the
necessary protective or crossing warning signals. After reconstruction,
the owner or lessee of the railroad shall maintain the crossing and
protective or crossing warning signals and keep them in repair at the
owner's or lessee's cost.
(d) If the owner or lessee of a railroad reconstructs or alters the
tracks of a railroad that crosses or intersects a highway or road at grade
level so that it is necessary to reconstruct or alter the crossing or
intersection, the owner or lessee of the railroad shall pay the cost of the
reconstruction or altering of the crossing, the approaches to the
crossing, and the cost of the necessary protective or crossing warning
signals. After construction, the owner or lessee of the railroad shall
maintain the crossing and protective or crossing warning signals and
keep them in repair at the owner's or lessee's cost.
(e) Notwithstanding subsections (a) through (d), the department, a
county, a city, or a town under whose jurisdiction a railroad crossing
lies may provide highway or road surface maintenance at a railroad
crossing if the department, county, city, or town requests and receives
written approval from the railroad owner or lessee before commencing
the highway or road surface maintenance. The cost of the maintenance
may be wholly or partially borne by the department, county, city, or
town upon agreement with the railroad.
(f) Any construction, reconstruction, or maintenance of highway or
road surfaces provided for in this section may be paid for from funds
obtained under 23 U.S.C. 130.
(g) A railroad whose tracks lie in any public highway or road shall
properly grade, surface, and maintain the highway, road, and railroad
tracks within the boundaries described in subsection (h):
(1) in accordance with the grade and surfacing material of the
highway or road; and
(2) in a manner as to afford security for life and property of
persons and vehicles using the highway or road.
(h) The railroad is responsible for the repair and maintenance of the
grade and surface occupied by the railroad tracks, including the space:
(1) between the rails of a railroad track;
(2) between the railroad tracks if there are at least two (2) railroad
tracks; and
(3) that extends eighteen (18) inches in width on the outside of
each rail of a railroad track.