§ 37-10-104 — Apportionment of cost of grade crossing devices and grade separation structures; administration of highway crossing protection account

(a) The transportation commission is charged with the
administration of the highway crossing protection program. In
order to compensate for the use of crossings by the public
generally, the commission shall also order that one-half (1/2)
of the cost of installing, reconstructing or improving signals
or devices will be paid by the railroad corporation, and the
balance of the costs will be divided between the state highway
crossing protection account and the department of transportation
or the city, town, county or other political entity in which the
crossing is located in accordance with state and federal rules
and regulations. The commission shall fix in each case the
amount to be paid from the crossing protection account and the
amount to be paid by the department or by the city, town, county
or other political entity.
(b) The railroads shall bear all costs of maintaining in
good operating condition all crossing surfaces and warning
devices.
(c) The governmental agency or city, town, county or other
political entity having jurisdiction over the highway and the
separation structures which crosses over or under the railroad
track or tracks, shall bear all cost of maintenance of its own
separation structures. The railroad corporation shall bear all
costs of maintenance of its own structures over or under a
public highway. Maintenance of joint use structures shall be by
agreement between the parties involved.