21-360 - Railroad; damage. - Virginia Statutes

§ 21-360. Railroad; damage.

Whenever the board of viewers shall make a survey for the purpose of locatinga public levee or drainage project or changing a natural watercourse, and thesame would cross the right-of-way of a railroad company it shall be the dutyof the board of viewers promptly to notify the railroad company by servingwritten notice, accompanied by plans and profiles, upon the agent of suchcompany or its lessee or receiver, that they will meet the company'srepresentative at the place where the proposed ditch, drain, or watercoursecrosses the right-of-way of such company, or at such other place as may beagreed upon by the respective parties. The meeting shall not be less than tendays after the service of notice fixing the time of the same, for the purposeof conferring with the railroad company with relation to the place where andthe manner in which such improvements shall cross such right-of-way. When thetime fixed for such conference shall arrive, unless for good cause more timeis agreed upon, it shall be the duty of the board of viewers and the railroadcompany to agree, if possible, upon the place where and the manner and methodin which such improvement shall cross such right-of-way. If, however, theboard of viewers and the railroad company cannot agree, the whole mattershall be reported to the court by the board of viewers, and by the courtreferred to the State Corporation Commission as arbiters. The fact that therailroad company is required by the construction of the improvement to builda new bridge or culvert or to enlarge or strengthen an old one, shall beconsidered as damages to the railroad company to the extent of the actualcost thereof, as provided in § 21-359.

(Code 1919, § 1765; 1954, c. 642.)