West Virginia Railroad State Laws and Regulations
Crossing Treatment Procedures
State Laws and Regulations
- 17-4-8. Use of roadbed by railroad, telephone company, etc.
No railroad or electric or other railway shall be constructed upon the roadbed of any state road, except to cross the same, nor shall any person, firm or corporation enter upon or construct any works in or upon such road, or lay or maintain thereon or thereunder any drainage, sewer or water pipes, gas pipes, electric conduits or other pipes, nor shall any telephone, telegraph or electric line or power pole, or any other structure whatsoever, be erected upon, in or over any portion of a state road, except under such restrictions, conditions and regulations as may be prescribed by the state road commissioner. Whenever any railroad or electric or other railway, heretofore or hereafter constructed, shall cross any state road, it shall be required to keep its own roadbed, and the bed of the road or highway at such crossing, in proper repair, or else to construct and maintain an overhead or undergrade crossing, subject to the approval of the state road commissioner; and the tracks of such railroad or railway at grade crossings shall be so constructed as to give a safe and easy approach to and across the same, and when the construction of such approaches is made necessary by a change in the railroad grade at the grade crossing, the cost shall be upon the railway company.
- Va. Code Ann. § 17-4-8
- 17-4-17. Same–Maintenance of work
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.
- Va. Code Ann. § 17-4-17
- 17-4-17a. Same–Relocation or reconstruction of existing grade separation structures
The state road commissioner shall have the same authority and follow the same procedure and the cost and maintenance provision shall be the same, in the relocation and reconstruction of existing grade separation structures, where the tracks of any railroad and any state road cross, as is provided in sections nine to seventeen, inclusive, of this article.
- Va. Code Ann. § 17-4-17a
A Law Firm with a Purpose
-
Purpose-Driven Representation
We handle each case with the belief that the legal system should be a tool for positive change. Our work often leads to broader safety improvements, not just individual outcomes.
-
Focused on Serious Injury Cases
Our practice centers on railroad crossing accidents and other catastrophic injuries. These complex cases demand deep experience and a commitment to long-term impact.
-
Personalized, Accessible Legal Support
We maintain a welcoming environment where clients are heard, supported, and informed. Our team approach ensures you’re never left wondering where your case stands.
-
Free Consultations, Contingency-Based FeesWe offer free consultations and only get paid if we recover compensation for you. It’s one way we make justice more accessible for those who need it most.