{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1815.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1815.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1815.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1815.html"}],"law_id":73567,"edition_id":1,"section_id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","history":"1994, c. 855, \u00a7 56-570; 1995, c. 647; 2005, cc. 504, 562; 2014, cc. 474, 805.","full_text":"A\n\nThe private entity and each public service company, public utility, railroad, cable television provider, locality, or political subdivision whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is hereby expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by construction of or improvements to the qualifying transportation facility, which shall be construed to include construction of or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement.B\n\nShould the private entity and any such public service company, public utility, railroad, and cable television provider be unable to agree upon a plan for the crossing or relocation, the Commission may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The Commission may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the Commission. In such a case, the cost of the experts is to be borne by the private entity. Any amount to be paid for such crossing, construction, moving, or relocation of facilities shall be paid for by the private entity or any other person contractually responsible therefor under the interim or comprehensive agreement or under any other contract, license, or permit. The Commission shall make a determination within 90 days of notification by the private entity that the qualifying transportation facility will cross utilities subject to the Commission’s jurisdiction.C\n\nShould the private entity and any locality or political subdivision not be able to agree upon a plan for the crossing or relocation of facilities owned or operated by the locality or political subdivision, then the private entity may request in writing to the Commonwealth Transportation Board (Board), with a copy to the chief executive or chief administrative officer of the locality or political subdivision, that the Board consider the matter pursuant to its authority in § 33.2-308, which shall apply mutatis mutandis to any project pursuant to this chapter, regardless of the highway system or location of the project, if the Board decides to exercise such authority, except, however, that the private entity, and not the Board, shall be responsible for the costs of such crossing, construction, moving, or relocation of such facilities. In the event the Board decides to exercise its authority hereunder, the Board shall issue an order within 90 days of receipt of the request from the private entity.D\n\nFor the purposes of this chapter, “facilities owned or operated by the local government or political subdivision” means any pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances owned or operated by a locality or political subdivision for the purpose of transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, sewage or waste, storm water not connected with highway drainage, or any other similar commodity or substance, which facilities directly or indirectly serve the public.","order_by":null,"text":{"0":{"id":264654,"text":"The private entity and each public service company, public utility, railroad, cable television provider, locality, or political subdivision whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is hereby expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by construction of or improvements to the qualifying transportation facility, which shall be construed to include construction of or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264655,"text":"Should the private entity and any such public service company, public utility, railroad, and cable television provider be unable to agree upon a plan for the crossing or relocation, the Commission may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The Commission may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the Commission. In such a case, the cost of the experts is to be borne by the private entity. Any amount to be paid for such crossing, construction, moving, or relocation of facilities shall be paid for by the private entity or any other person contractually responsible therefor under the interim or comprehensive agreement or under any other contract, license, or permit. The Commission shall make a determination within 90 days of notification by the private entity that the qualifying transportation facility will cross utilities subject to the Commission’s jurisdiction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264656,"text":"Should the private entity and any locality or political subdivision not be able to agree upon a plan for the crossing or relocation of facilities owned or operated by the locality or political subdivision, then the private entity may request in writing to the Commonwealth Transportation Board (Board), with a copy to the chief executive or chief administrative officer of the locality or political subdivision, that the Board consider the matter pursuant to its authority in § 33.2-308, which shall apply mutatis mutandis to any project pursuant to this chapter, regardless of the highway system or location of the project, if the Board decides to exercise such authority, except, however, that the private entity, and not the Board, shall be responsible for the costs of such crossing, construction, moving, or relocation of such facilities. In the event the Board decides to exercise its authority hereunder, the Board shall issue an order within 90 days of receipt of the request from the private entity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":264657,"text":"For the purposes of this chapter, “facilities owned or operated by the local government or political subdivision” means any pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances owned or operated by a locality or political subdivision for the purpose of transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, sewage or waste, storm water not connected with highway drainage, or any other similar commodity or substance, which facilities directly or indirectly serve the public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13500,"edition_id":1,"name":"Public-Private Transportation Act of 1995","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":206817,"object_type":"structure","relational_id":13500,"identifier":"18","token":"33.2\/III\/18","url":"\/33.2\/III\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"previous_section":{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},"next_section":{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1815\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 855<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. 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 1995, chapter 647<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2014, chapters 474<\/a> and 805<\/a>.<\/p>","references":false,"refers_to":[{"id":77200,"section_number":"33.2-308","catch_line":"Additional provisions on relocation or removal of utility facilities within projects on Interstate System","order_by":null,"url":"\/33.2-308\/"}],"permalink":{"id":206891,"object_type":"law","relational_id":73567,"identifier":"33.2-1815","token":"33.2\/III\/18\/33.2-1815","url":"\/33.2-1815\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","dublin_core":{"Title":"Utility crossings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1815","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The private entity<\/span> and each public service company, public utility, railroad, cable television provider, locality, or political subdivision whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is hereby expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility<\/span> or that must be relocated to the extent that such moving or relocation is made necessary or desirable by construction of or improvements to the qualifying transportation facility<\/span>, which shall be construed to include construction of or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Should the private entity<\/span> and any such public service company, public utility, railroad, and cable television provider be unable to agree upon a plan for the crossing or relocation, the Commission<\/span> may determine the manner in which the crossing or relocation is to be accomplished and any damages<\/span> due arising out of the crossing or relocation. The Commission<\/span> may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the Commission<\/span>. In such a case, the cost of the experts is to be borne by the private entity<\/span>. Any amount to be paid for such crossing, construction, moving, or relocation of facilities shall be paid for by the private entity<\/span> or any other person contractually responsible therefor under the interim or comprehensive agreement<\/span> or under any other contract<\/span>, license, or permit. The Commission<\/span> shall make a determination within 90 days of notification by the private entity<\/span> that the qualifying transportation facility<\/span> will cross utilities subject to the Commission<\/span>’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Should the private entity<\/span> and any locality or political subdivision not be able to agree upon a plan for the crossing or relocation of facilities owned or operated by the locality or political subdivision, then the private entity<\/span> may request in writing to the Commonwealth Transportation Board<\/span> (Board<\/span>), with a copy to the chief executive or chief administrative officer of the locality or political subdivision, that the Board<\/span> consider the matter pursuant to its authority in § 33.2-308<\/a>, which shall apply mutatis mutandis<\/span> to any project pursuant to this chapter, regardless of the highway<\/span> system or location of the project, if the Board<\/span> decides to exercise such authority, except, however, that the private entity<\/span>, and not the Board<\/span>, shall be responsible for the costs of such crossing, construction, moving, or relocation of such facilities. In the event the Board<\/span> decides to exercise its authority hereunder, the Board<\/span> shall issue<\/span> an order<\/span> within 90 days of receipt of the request from the private entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this chapter, “facilities owned or operated by the local government or political subdivision<\/span>” means any pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances owned or operated by a locality or political subdivision for the purpose of transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, sewage or waste, storm water not connected with highway<\/span> drainage, or any other similar commodity or substance, which facilities directly or indirectly serve the public. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUTILITY CROSSINGS (\u00a7 33.2-1815)\n\nA. The private entity and each public service company, public utility, railroad,\ncable television provider, locality, or political subdivision whose facilities\nare to be crossed or affected shall cooperate fully with the other in planning\nand arranging the manner of the crossing or relocation of the facilities. Any\nsuch entity possessing the power of condemnation is hereby expressly granted\nsuch powers in connection with the moving or relocation of facilities to be\ncrossed by the qualifying transportation facility or that must be relocated to\nthe extent that such moving or relocation is made necessary or desirable by\nconstruction of or improvements to the qualifying transportation facility, which\nshall be construed to include construction of or improvements to temporary\nfacilities for the purpose of providing service during the period of\nconstruction or improvement.\n\nB. Should the private entity and any such public service company, public\nutility, railroad, and cable television provider be unable to agree upon a plan\nfor the crossing or relocation, the Commission may determine the manner in which\nthe crossing or relocation is to be accomplished and any damages due arising out\nof the crossing or relocation. The Commission may employ expert engineers who\nshall examine the location and plans for such crossing or relocation, hear any\nobjections and consider modifications, and make a recommendation to the\nCommission. In such a case, the cost of the experts is to be borne by the\nprivate entity. Any amount to be paid for such crossing, construction, moving,\nor relocation of facilities shall be paid for by the private entity or any other\nperson contractually responsible therefor under the interim or comprehensive\nagreement or under any other contract, license, or permit. The Commission shall\nmake a determination within 90 days of notification by the private entity that\nthe qualifying transportation facility will cross utilities subject to the\nCommission’s jurisdiction.\n\nC. Should the private entity and any locality or political subdivision not be\nable to agree upon a plan for the crossing or relocation of facilities owned or\noperated by the locality or political subdivision, then the private entity may\nrequest in writing to the Commonwealth Transportation Board (Board), with a copy\nto the chief executive or chief administrative officer of the locality or\npolitical subdivision, that the Board consider the matter pursuant to its\nauthority in § 33.2-308, which shall apply mutatis mutandis to any project\npursuant to this chapter, regardless of the highway system or location of the\nproject, if the Board decides to exercise such authority, except, however, that\nthe private entity, and not the Board, shall be responsible for the costs of\nsuch crossing, construction, moving, or relocation of such facilities. In the\nevent the Board decides to exercise its authority hereunder, the Board shall\nissue an order within 90 days of receipt of the request from the private entity.\n\nD. For the purposes of this chapter, “facilities owned or operated by the\nlocal government or political subdivision” means any pipes, mains, storm\nsewers, water lines, sanitary sewers, natural gas facilities, or other\nstructures, equipment, and appliances owned or operated by a locality or\npolitical subdivision for the purpose of transmitting or distributing\ncommunications, power, electricity, light, heat, gas, oil, crude products,\nwater, steam, sewage or waste, storm water not connected with highway drainage,\nor any other similar commodity or substance, which facilities directly or\nindirectly serve the public.\n\nHISTORY: 1994, c. 855, \u00a7 56-570; 1995, c. 647; 2005, cc. 504, 562; 2014, cc.\n474, 805.","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}}