56-16.1 - Telephone, telegraph or electric power lines crossing railroads. - Virginia Statutes

§ 56-16.1. Telephone, telegraph or electric power lines crossing railroads.

A. If a telephone, telegraph or electric power company desires to cross theworks of a railroad company and the parties thereto cannot agree on themanner of the crossing or the compensation to be paid or the damages, if any,occasioned by such crossing, then either party may proceed under this sectionin such case. Such party, after complying with the provisions of §§ 56-17 and56-18, insofar as they are applicable, may apply to the Commission withinthirty days after the submission of the plans and specifications required in§ 56-18, to inquire into the necessity for such crossing, the propriety ofthe proposed location, all matters pertaining to its construction andoperation, and the crossing fee and damages, if any, to be paid to suchrailroad.

B. Every such application shall, in addition to the plans and specificationsrequired in § 56-18, set forth (i) the means applicant proposes to employ toprotect persons and property on the premises of the railroad; (ii) the extentto which applicant will safeguard the railroad from damage or destruction ofpersons or property resulting from such crossing including a provision tosave the railroad harmless from claims arising as a result of such crossing;(iii) the conditions under which usage of the crossing will terminate and allinterests revert to the railroad; and (iv) the means which applicant proposesto employ to prevent interference with the unlimited use of the property bythe railroad including, but without limitation, the communication andtransportation system on the property proposed to be crossed. The Commissionmay, at its discretion, require the applicant to provide a bond or insuranceconditioned to save the railroad harmless from claims arising as a result ofsuch crossing. The Commission may, as provided in § 56-19, employ experts toadvise it with reference to such application.

C. If the Commission grants such application in whole or in part, the orderof the Commission shall grant a license for such crossing upon compliancewith the terms of the order, and shall fix a fee for such crossing anddetermine the damages, if any; in fixing the amount of such fees theCommission shall consider the costs involved to the company to be crossed andthe periodic inspection of such works.

D. Construction shall not begin until permitted under an order provided forin paragraph C hereof unless the parties agree thereto; provided that theCommission may allow construction to proceed pending the determination of thefee and damages, if any.

(1976, c. 328.)