A drain may be constructed along a rail line, if necessary, if no damage is done to the rail line. If it is necessary to cross a railroad right–of–way, the railroad company, if so ordered by the board, shall make necessary openings through the right–of–way and construct and maintain culverts or bridges to permit free and unobstructed flow of water across the right–of–way. The cost of such construction and maintenance, except the cost of excavating the ditch across the right–of–way, shall be borne as outlined in § 46A-10A-74. Service of such order shall be made upon the railroad company in the manner provided for the service of summons in a civil action. An order directing construction of a drainage bridge or culvert shall be served upon the railroad company. The railroad company shall have sixty days after the service of an order to construct the bridge or culvert.

Source: SL 1985, ch 362, § 74; SL 1986, ch 379, § 9.