49-11 Railroad Bridges, Crossings, Intersections, and Fences
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including associated sidewalks or pathways, crosses one or more railroad tracks at
grade. The term includes a crossing if a public authority maintains the roadway on
both sides of the crossing.2."Private railroad crossing" means any railroad at grade crossing of a roadway which
is not a public railroad crossing.49-11-01. Obstruction of crossing by railroad - Provision for temporary way. Everyrailroad corporation while engaged in raising or lowering any railroad track or in making any other
alterations, by means of which a railroad crossing may be obstructed, shall provide and keep in
good order a suitable temporary way and crossing with adequate protection to enable travelers to
avoid or pass such obstruction.49-11-02. Railroad bridges must be in good repair. Every railroad corporation shallmaintain and keep in good repair all bridges and their abutments which the corporation shall
construct for the purpose of enabling its road to pass over or under any public highway,
watercourse, or other way. Railroad corporations which have transferred railway property to the
public service commission in trust for the purposes of reorganization or reopening are not liable
for failure to maintain railroad bridges in good repair during the period of trust.49-11-03. Railroad bridge must provide clear passage over highway. When it shallbe necessary in the construction of a railroad to erect a bridge or culvert over any public highway
or street, it shall be sufficient to construct the same so as to give a clear passageway of twenty
feet [6.10 meters] or two passageways of fourteen feet [4.27 meters] each.49-11-04.Highways and watercourses to be restored to former state.Everycorporation constructing, owning, or using a railroad shall restore every stream of water,
watercourse, street, highway, or canal across, along, or upon which such railroad may be
constructed to its former state or to such condition that its usefulness shall not be materially
impaired and thereafter shall maintain the same in such condition against any effects in any
manner produced by such railroad.49-11-05.Railroad to maintain sufficient highway crossings.Repealed byS.L. 1993, ch. 278,