CHAPTER 538

An Act to amend and reenact § 56-868.1 of the Code of Virginia, as
amended, relating to the subsequent maintenance of underpasses or
overhead structures.

[H 551]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 56-368.1 of the Code of Virginia, as amended, be amended and
reenacted as follows:

§ 56-368.1. Subsequent maintenance of underpasses or overhead
structures.—After the work specified in * § 56-366.1 has been done, the
maintenance, including drainage, of any underpass hereafter so con-
structed, except the pavement thereof, shall be the sole responsibility of
the railroad company and the maintenance of any overhead structure
hereafter so constructed shall be the sole responsibility of the Department
of Highways; 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 Highways 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 overhead and
underpasses shall also be construed as applicable in the case of those
structures previously built on the primary system under agreement be-
tween the railroad company and the Department of Highways; and fur-
ther 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 drain-
age and pavement therefor, shall be the sole responsibility of the Depart-
ment of Highways.