{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2009.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2009.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2009.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2009.html"}],"law_id":63286,"edition_id":1,"section_id":63286,"structure_id":14194,"section_number":"15.2-2009","catch_line":"Obstructions or encroachments","history":"Code 1950, \u00a7 15-77.57; 1958, c. 328; 1962, c. 623, \u00a7 15.1-893; 1997, c. 587.","full_text":"A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by law for the collection of state or local taxes. The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the locality may impose penalties for each day that the obstruction or encroachment is allowed to continue. The locality may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute a suit or action in ejectment or other appropriate proceedings to recover possession of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.","order_by":null,"text":{"0":{"id":230635,"text":"A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by law for the collection of state or local taxes. The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the locality may impose penalties for each day that the obstruction or encroachment is allowed to continue. The locality may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute a suit or action in ejectment or other appropriate proceedings to recover possession of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14194,"edition_id":1,"name":"Encroachments on Rights-of-Way, etc","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13584,"metadata":{},"date_created":"2026-06-26 03:47:13","date_modified":"2026-06-26 03:47:13","permalink":{"id":154231,"object_type":"structure","relational_id":14194,"identifier":"3","token":"15.2\/II\/20\/3","url":"\/15.2\/II\/20\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13584,"edition_id":1,"name":"Streets and Alleys","identifier":"20","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":154185,"object_type":"structure","relational_id":13584,"identifier":"20","token":"15.2\/II\/20","url":"\/15.2\/II\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63286,"structure_id":14194,"section_number":"15.2-2009","catch_line":"Obstructions or encroachments","url":"\/15.2-2009\/","token":"15.2\/II\/20\/3\/15.2-2009","metadata":false},{"id":87470,"structure_id":14194,"section_number":"15.2-2009.1","catch_line":"Dangerous roadside vegetation","url":"\/15.2-2009.1\/","token":"15.2\/II\/20\/3\/15.2-2009.1","metadata":false},{"id":80722,"structure_id":14194,"section_number":"15.2-2010","catch_line":"Localities may permit awnings, fire escapes, etc., to overhang public rights-of-way","url":"\/15.2-2010\/","token":"15.2\/II\/20\/3\/15.2-2010","metadata":false},{"id":55379,"structure_id":14194,"section_number":"15.2-2011","catch_line":"Localities may permit existing encroachments","url":"\/15.2-2011\/","token":"15.2\/II\/20\/3\/15.2-2011","metadata":false},{"id":71041,"structure_id":14194,"section_number":"15.2-2012","catch_line":"Fee for processing application","url":"\/15.2-2012\/","token":"15.2\/II\/20\/3\/15.2-2012","metadata":false}],"next_section":{"id":87470,"structure_id":14194,"section_number":"15.2-2009.1","catch_line":"Dangerous roadside vegetation","url":"\/15.2-2009.1\/","token":"15.2\/II\/20\/3\/15.2-2009.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2009\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 328; in 1962, chapter 623; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":154233,"object_type":"law","relational_id":63286,"identifier":"15.2-2009","token":"15.2\/II\/20\/3\/15.2-2009","url":"\/15.2-2009\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2009\/","token":"15.2\/II\/20\/3\/15.2-2009","dublin_core":{"Title":"Obstructions or encroachments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2009","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A <span class=\"dictionary\">locality<\/span> may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by <span class=\"dictionary\">law<\/span> for the collection of state or local taxes. The <span class=\"dictionary\">locality<\/span> may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the <span class=\"dictionary\">locality<\/span> may impose penalties for each day that the obstruction or encroachment is allowed to continue. The <span class=\"dictionary\">locality<\/span> may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the <span class=\"dictionary\">governing body<\/span> may prescribe. However, owners or occupants shall be liable for <span class=\"dictionary\">negligence<\/span> on account of such encroachment, and the <span class=\"dictionary\">governing body<\/span> may institute and <span class=\"dictionary\">prosecute<\/span> a suit or action in ejectment or other appropriate proceedings to recover <span class=\"dictionary\">possession<\/span> of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOBSTRUCTIONS OR ENCROACHMENTS (\u00a7 15.2-2009)\n\nA locality may prevent any unlawful obstruction of or encroachment over, under\nor in any street, highway, road, alley, bridge, viaduct, subway, underpass or\nother public right-of-way or place; may provide penalties for maintaining any\nsuch unlawful obstruction or encroachment; may remove the same and charge the\ncost thereof to the owner or occupant of the property so obstructing or\nencroaching; and may collect the cost in any manner provided by law for the\ncollection of state or local taxes. The locality may require the owner or\noccupant of the property so obstructing or encroaching to remove the property\nand, pending such removal, may charge the owner of the property so obstructing\nor encroaching compensation for the use of such portion of the street, highway,\nroad, alley, bridge, viaduct, subway, underpass or other public right-of-way or\nplace obstructed or encroached upon the equivalent of what would be the tax upon\nthe land so occupied if it were owned by the owner of the property so\nobstructing or encroaching. If removal is not accomplished within the time\nordered, the locality may impose penalties for each day that the obstruction or\nencroachment is allowed to continue. The locality may authorize encroachments\nupon such public rights-of-way and places subject to such terms and conditions\nas the governing body may prescribe. However, owners or occupants shall be\nliable for negligence on account of such encroachment, and the governing body\nmay institute and prosecute a suit or action in ejectment or other appropriate\nproceedings to recover possession of any such public right-of-way or place or\nany other property unlawfully occupied or encroached upon.\n\nHISTORY: Code 1950, \u00a7 15-77.57; 1958, c. 328; 1962, c. 623, \u00a7 15.1-893; 1997,\nc. 587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}