KRS 177.170: Division of costs -- Payment.

(1) The cost of preparing the plans, specifications and estimates of cost and of

advertising for bids shall be paid wholly by the railroad company. The state shall

pay one -half (1/2) of the cost of the work within the right -of-way lines of the

railroad company, extended across the highway, and the railroad company shall pay

the other one -half (1/2) of the cost of the work lying within said lines. The

department shall pay the entire cost of all work lying beyond the right -of-way lines

of the railroad.

(2) As the work progresses the department shall furnish to the railroad company, and

the railroad company shall furnish to the department, a monthly statement showing

in detail all amounts expended in connection with the work. On or about the

fifteenth of each month the state highway engineer shall prepare a statement

showing the total amount expended to the close of the preceding month, the amount

paid or expended by each party up to that time, and the amount due from the

department to the railroad company or from the railroad company to the department.

Upon receipt of the statement each party shall pay to the other the amounts shown

to be due thereby.

(3) All payments made on such monthly statements shall be considered only payments

on account, and upon final comple tion of the work the state highway engineer shall

prepare and furnish to the railroad company a statement showing the total cost of

the work, the amount paid or expended by the department or the railroad company,

and the amount due from one to the other. E ach party shall be afforded reasonable

opportunities to verify the statements of expenditures by the other, and the balance

due as certified by the state highway engineer in his final statement shall be paid by

one (1) party to the other promptly upon receipt of such final statement.

(4) The work lying within the right -of-way of the railroad shall be maintained at the

expense of the railroad company, but the railroad company shall not be required to

keep up the surface of the roadbed of the highway.