§ 37-10-103 — Apportionment of cost of grade crossing devices and grade separation structures; between railroad and state, county and city government

(a) With respect to the installation of safety devices or
safety equipment at railroad-highway crossings, under the
direction of the affected railroad, it shall be the duty of the
transportation commission to apportion the costs and expenses of
installing or reconstructing the crossings and safety devices
between the railroads and the department of transportation or
the county, city or other governmental entity involved in
proportion to the respective benefits to be derived, and to make
the apportionment of the costs in accordance with state and
federal rules and regulations.
(b) With respect to the initial installation of grade
separation structures at railroad public highway crossings, a
grade separation structure shall be installed by the railroad at
all new railroad crossings of public roads or state highways,
after notifying the department of transportation of its intent
to cross the public road or highway, and if deemed appropriate
after evaluation by the transportation commission. All
installations shall be in accordance with state and federal
rules and regulations.
(c) With respect to separation structures for roads over
or under railroads, the commission shall first determine that
all federal sources of funding have been exhausted, and then
apportion the remaining costs and expenses of the initial
installation of the grade separation structures between the
railroad and the department of transportation or the county,
city or other governmental entity involved, the apportionment to
be based upon the causes resulting in the need for grade
separation structures in accordance with state and federal rules
and regulations. None of the money in the highway crossing
protection account shall be used for payment of grade separation
structures.