Virginia Code 56-368.1: Subsequent maintenance of underpasses and overpasses
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.
Terms Used In Virginia Code 56-368.1
- company: includes all corporations created by acts of the General Assembly of Virginia, or under the general incorporation laws of this Commonwealth, or doing business therein, and shall exclude all municipal corporations, other political subdivisions, and public institutions owned or controlled by the Commonwealth. See Virginia Code 56-1
- Highway: as used in this chapter means any public highway, road, or street maintained by the Virginia Department of Transportation or for which maintenance payments are made pursuant to §§ 33. See Virginia Code 56-355.2
- Overpass: as used in this chapter means a grade separation structure in which the public highway passes above and across the railroad. See Virginia Code 56-355.2
- Public road authority: as used in this chapter means any appropriate governing body which has responsibility for the construction and maintenance of public highways. See Virginia Code 56-355.2
- Railroad company: includes any company, trustee or other person owning, leasing or operating a railroad. See Virginia Code 56-1
- Underpass: as used in this chapter means the railroad passes above and across the public highway. See Virginia Code 56-355.2
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.