New Mexico § 63-3-36 - Construction and maintenance of highway crossings

§ 63-3-36. Construction and maintenance of highway crossings

A. Subject to the provisions of Subsection B hereof, every railroad company in this

state shall construct and maintain in good condition, at its own expense, good and

sufficient crossings at all places in this state where its railroad crosses public

highways, city, town or village streets at grade, now or hereafter to be opened for

public use. Such crossings shall be constructed of planks, macadam, concrete or other suitable

material in such manner as to be level with the top of the rails for a reasonable

distance on each side of each rail. B. Any highway-railroad crossing at grade that may hereafter be constructed or reconstructed

by the state highway department will be a full plank crossing of a material approved

by the state highway department and railroad, to be installed by the railroad company

at the state highway department's expense. If a joint investigation of railroad and highway engineers shows that a highway-railroad

crossing at grade should be reconstructed, then the highway department shall pay the

railroad for the initial full plank crossing. Said constructed or reconstructed crossing will be maintained in good condition

at the railroad company's own expense.