After the construction of a grade separation under this article, where the highway is carried over the railroad the state shall maintain the state highway and the structures supporting it and the drainage thereof, and the railroad company shall maintain its tracks; and where the state highway is passed under the railroad then the state shall maintain the highway and the drainage thereof, and the railroad company shall maintain its roadbed and the tracks and the structures supporting the same: Provided, however, That the state, at its sole expense, shall bear the cost of repairing or replacing any part of such supporting structure which may be damaged or destroyed by highway traffic; and the railroad company, at its own sole expense, shall bear the cost of repairing or replacing any part of such supporting structure which may be damaged or destroyed by railroad traffic: Provided further, That the provisions of this section shall not be applicable to grade separations constructed prior to the effective date of this act.
Structure West Virginia Code
Chapter 17. Roads and Highways
§17-4-2. Definitions of Roads Comprising State Road System
§17-4-3. Classification of Roads in State Road System; Reclassification
§17-4-4. Interstate and International Highway Planning
§17-4-5. Right of Eminent Domain
§17-4-6. Cost of Acquiring Rights-of-Way
§17-4-7. Information to Be Filed With Clerk of County Court
§17-4-8. Use of Roadbed by Railroad, Telephone Company, etc.
§17-4-10. Same -- Commissioner's Order to Eliminate, etc., Crossing; Amendment to Order
§17-4-11. Same -- Protest Against Order; Hearing; Appeal
§17-4-12. Same -- Railroad to File Plans, etc., for Separation With Commissioner
§17-4-13. Same -- Bidding Upon Approval of Plans; Work to Be Let to Lowest Responsible Bidder
§17-4-14. Same -- Distribution of Cost Between Railroad and State
§17-4-15. Same -- Rejection of Bids; New Bids; Performance of Work by State or Railroad
§17-4-16. Same -- Payment of State's Share of Cost; Commissioner May Furnish Engineer
§17-4-17. Same -- Maintenance of Work
§17-4-17a. Same -- Relocation or Reconstruction of Existing Grade Separation Structures
§17-4-17b. Relocation of Public Utility Lines on Highway Construction Projects
§17-4-18. Approved Types of Paving to Be Determined and Advertised
§17-4-19. Contracts for Construction, Materials, etc.; Work by Prison Labor, etc.; Bidding Procedure
§17-4-20. Bidder S Bond Required; Return or Forfeiture of Bond
§17-4-21. Form and Signing of Deeds and Contracts Made by Commissioner
§17-4-22. Combination in Restraint of Trade; Persons Limiting Competition in Bidding
§17-4-23. Certificate Showing Constituents of Materials; False Certificates
§17-4-24. Testing and Approval of Materials or Supplies
§17-4-24a. Guardrail Construction
§17-4-25. Acquisition, Establishment and Operation of Quarries, Cement and Other Plants
§17-4-27. Same -- Control of Connecting Parts of State Road System Within Municipalities
§17-4-29. Same -- Taking Over Streets Not to Affect Franchise
§17-4-30. Same -- Taking Over Streets Not to Affect Existing Contracts
§17-4-33. Inspection, Condemnation, etc., of Unsafe Bridges
§17-4-34. Contracts for Interstate Bridges; Report to Governor
§17-4-35. Diversion of Nonnavigable Stream
§17-4-37. State Not to Be Made Defendant in Action for Damages
§17-4-38. Violations of Article; Penalty
§17-4-39. Controlled-Access Facilities -- Defined
§17-4-40. Same -- Authority to Establish, Maintain, Regulate, etc.
§17-4-41. Same -- Design of Controlled-Access Facilities
§17-4-42. Same -- Acquisition of Property and Property Rights
§17-4-43. Same -- New and Existing Facilities; Grade Crossing Eliminations; Consent to Connect
§17-4-44. Same -- Authority to Contract With Other Governmental Agencies
§17-4-45. Same -- Local Service Roads and Streets
§17-4-48. Same -- Regulations by Commissioner
§17-4-52. Same -- Requirements for Objections, Preliminary Determinations and Notices
§17-4-54. Location of Trash and Garbage Collection Containers by Counties and Municipalities
§17-4-55. Rest Area, Welcome Center, Road, and Vehicle Commercial Sponsorship Program