                                 CODE OF VIRGINIA

SUBSEQUENT MAINTENANCE OF UNDERPASSES AND OVERPASSES (§ 56-368.1)

After the work specified in §§ 56-366.1 and 56-366.3 regarding underpasses and
overpasses has been done, the maintenance, including drainage, of any underpass
hereafter so constructed, except the pavement thereof, shall be the sole
responsibility of the railroad company and the maintenance of any overpass
hereafter so constructed shall be the sole responsibility of the Department of
Transportation or the public road authority; provided, that the railroad company
shall not be responsible for any damage to an underpass caused by operations on
the highway, and the Department of Transportation or the public road authority
shall not be responsible for any damage to an overpass caused by the operations
of the railroad company; and further provided, that the provisions herein as to
maintenance of overpasses and underpasses shall also be construed as applicable
in the case of those structures previously built on the primary system under
agreement between the railroad company and the Department of Transportation or
the public road authority; and further provided that the provisions herein as to
maintenance by a railroad company shall not be applicable in the case of any
underpass hereafter constructed without eliminating a crossing of a railroad and
a highway grade, but the maintenance of such structures, including highway
drainage and pavement therefor, shall be the sole responsibility of the
Department of Transportation or the public road authority.

HISTORY: 1924, p. 147; 1926, p. 399; 1930, p. 75; 1934, p. 265; Michie Code
1942, § 3974a; 1948, p. 1003; 1962, c. 538; 1996, cc. 114, 157.