{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-2206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-2206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-2206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-2206.html"}],"law_id":67672,"edition_id":1,"section_id":67672,"structure_id":14146,"section_number":"33.2-2206","catch_line":"Acquisition of property","history":"1956, c. 714; 2014, c. 805.","full_text":"The Commission is hereby authorized and empowered to acquire by purchase, whenever it deems such purchase expedient, solely from funds provided under the authority of this chapter, such lands, structures, rights-of-way, property, rights, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, that are located within the Commonwealth as it may deem necessary or convenient for the construction and operation of the project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the District.\n\t\tAll localities and political subdivisions and all public agencies and commissions of the Commonwealth, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the District at the Commission’s request upon such terms and conditions as the proper authorities of such localities, political subdivisions, agencies, or commissions of the Commonwealth may deem reasonable and fair and without the necessity for any advertisement, order of court, or other action or formality, other than the regular and formal action of the authorities concerned, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the Commission, including public highways and other real property already devoted to public use.\n\t\tWhenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated or is absent, unknown, or unable to convey valid title, the Commission is hereby authorized and empowered to acquire by condemnation or by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility or other corporation, municipality, or political subdivision deemed necessary or convenient for the construction or the efficient operation of the project or necessary in the restoration of public or private property damaged or destroyed. Such proceedings shall be in accordance with and subject to the provisions of any and all laws applicable to condemnation of property in the name of the Commissioner of Highways under the laws of the Commonwealth. Title to any property acquired by the Commission shall be taken in the name of the District. In any condemnation proceedings, the court having jurisdiction of the suit, action, or proceeding may make such orders as may be just to the Commission and to the owners of the property to be condemned and may require an undertaking or other security to secure such owners against any loss or damage by reason of the failure of the Commission to accept and pay for the property, but neither such undertaking or security nor any act or obligation of the Commission shall impose any liability upon the District except as may be paid from the funds provided under the authority of this chapter.\n\t\tIf the owner, lessee, or occupier of any property to be condemned refuses to remove his personal property therefrom or give up possession thereof, the Commission may proceed to obtain possession in any manner provided by law.\n\t\tWith respect to any railroad property or right-of-way upon which railroad tracks are located, any powers of condemnation or of eminent domain may be exercised to acquire only an easement interest therein, which is located either sufficiently far above or sufficiently far below the grade of any railroad track upon such railroad property so that neither the proposed project nor any part thereof, including any bridges, abutments, columns, supporting structures, and appurtenances, nor any traffic upon it interferes in any manner with the use, operation, or maintenance of the trains, tracks, works, or appurtenances or other property of the railroad nor endanger the movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of condemnation proceedings for such easement over or under such railroad property or right-of-way, plans and specifications of the proposed project showing compliance with the above-mentioned above or below grade requirements and showing sufficient and safe plans and specifications of such overhead or undergrade structure and appurtenances shall be submitted to the railroad for examination and approval. If the railroad fails or refuses within 30 days to approve the plans and specifications so submitted, the matter shall be submitted to the State Corporation Commission, as to the sufficiency and safety of such plans and specifications and as to such elevations or distances above or below the tracks. Said overhead or undergrade structure and appurtenances shall be constructed only in accordance with such plans and specifications and in accordance with such elevations or distances above or below the tracks so approved by the railroad or the State Corporation Commission. A copy of the plans and specifications approved by the railroad or the State Corporation Commission shall be filed as an exhibit with the petition for condemnation. The cost of any such overhead or undergrade projects and appurtenances and any expense and cost incurred in changing, adjusting, relocating, or removing the lines and grades of such railroad in connection with the project shall be paid by the Commission as a part of the cost of the project.","order_by":null,"text":{"0":{"id":245163,"text":"The Commission is hereby authorized and empowered to acquire by purchase, whenever it deems such purchase expedient, solely from funds provided under the authority of this chapter, such lands, structures, rights-of-way, property, rights, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, that are located within the Commonwealth as it may deem necessary or convenient for the construction and operation of the project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the District.\n\t\tAll localities and political subdivisions and all public agencies and commissions of the Commonwealth, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the District at the Commission’s request upon such terms and conditions as the proper authorities of such localities, political subdivisions, agencies, or commissions of the Commonwealth may deem reasonable and fair and without the necessity for any advertisement, order of court, or other action or formality, other than the regular and formal action of the authorities concerned, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the Commission, including public highways and other real property already devoted to public use.\n\t\tWhenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated or is absent, unknown, or unable to convey valid title, the Commission is hereby authorized and empowered to acquire by condemnation or by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility or other corporation, municipality, or political subdivision deemed necessary or convenient for the construction or the efficient operation of the project or necessary in the restoration of public or private property damaged or destroyed. Such proceedings shall be in accordance with and subject to the provisions of any and all laws applicable to condemnation of property in the name of the Commissioner of Highways under the laws of the Commonwealth. Title to any property acquired by the Commission shall be taken in the name of the District. In any condemnation proceedings, the court having jurisdiction of the suit, action, or proceeding may make such orders as may be just to the Commission and to the owners of the property to be condemned and may require an undertaking or other security to secure such owners against any loss or damage by reason of the failure of the Commission to accept and pay for the property, but neither such undertaking or security nor any act or obligation of the Commission shall impose any liability upon the District except as may be paid from the funds provided under the authority of this chapter.\n\t\tIf the owner, lessee, or occupier of any property to be condemned refuses to remove his personal property therefrom or give up possession thereof, the Commission may proceed to obtain possession in any manner provided by law.\n\t\tWith respect to any railroad property or right-of-way upon which railroad tracks are located, any powers of condemnation or of eminent domain may be exercised to acquire only an easement interest therein, which is located either sufficiently far above or sufficiently far below the grade of any railroad track upon such railroad property so that neither the proposed project nor any part thereof, including any bridges, abutments, columns, supporting structures, and appurtenances, nor any traffic upon it interferes in any manner with the use, operation, or maintenance of the trains, tracks, works, or appurtenances or other property of the railroad nor endanger the movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of condemnation proceedings for such easement over or under such railroad property or right-of-way, plans and specifications of the proposed project showing compliance with the above-mentioned above or below grade requirements and showing sufficient and safe plans and specifications of such overhead or undergrade structure and appurtenances shall be submitted to the railroad for examination and approval. If the railroad fails or refuses within 30 days to approve the plans and specifications so submitted, the matter shall be submitted to the State Corporation Commission, as to the sufficiency and safety of such plans and specifications and as to such elevations or distances above or below the tracks. Said overhead or undergrade structure and appurtenances shall be constructed only in accordance with such plans and specifications and in accordance with such elevations or distances above or below the tracks so approved by the railroad or the State Corporation Commission. A copy of the plans and specifications approved by the railroad or the State Corporation Commission shall be filed as an exhibit with the petition for condemnation. The cost of any such overhead or undergrade projects and appurtenances and any expense and cost incurred in changing, adjusting, relocating, or removing the lines and grades of such railroad in connection with the project shall be paid by the Commission as a part of the cost of the project.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14146,"edition_id":1,"name":"Chesapeake Bay Bridge and Tunnel District and Commission","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12807,"metadata":{},"date_created":"2026-06-26 03:47:02","date_modified":"2026-06-26 03:47:02","permalink":{"id":207253,"object_type":"structure","relational_id":14146,"identifier":"22","token":"33.2\/IV\/22","url":"\/33.2\/IV\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12807,"edition_id":1,"name":"Local and Regional Transportation","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":206943,"object_type":"structure","relational_id":12807,"identifier":"IV","token":"33.2\/IV","url":"\/33.2\/IV\/","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":64389,"structure_id":14146,"section_number":"33.2-2200","catch_line":"Definitions","url":"\/33.2-2200\/","token":"33.2\/IV\/22\/33.2-2200","metadata":false},{"id":62098,"structure_id":14146,"section_number":"33.2-2201","catch_line":"Chesapeake Bay Bridge and Tunnel District","url":"\/33.2-2201\/","token":"33.2\/IV\/22\/33.2-2201","metadata":false},{"id":62080,"structure_id":14146,"section_number":"33.2-2202","catch_line":"Chesapeake Bay Bridge and Tunnel Commission","url":"\/33.2-2202\/","token":"33.2\/IV\/22\/33.2-2202","metadata":false},{"id":62956,"structure_id":14146,"section_number":"33.2-2203","catch_line":"General powers of the Commission","url":"\/33.2-2203\/","token":"33.2\/IV\/22\/33.2-2203","metadata":false},{"id":80729,"structure_id":14146,"section_number":"33.2-2204","catch_line":"Additional powers of the Commission","url":"\/33.2-2204\/","token":"33.2\/IV\/22\/33.2-2204","metadata":false},{"id":55300,"structure_id":14146,"section_number":"33.2-2205","catch_line":"Regulations of the Commission; enforcement","url":"\/33.2-2205\/","token":"33.2\/IV\/22\/33.2-2205","metadata":false},{"id":67672,"structure_id":14146,"section_number":"33.2-2206","catch_line":"Acquisition of property","url":"\/33.2-2206\/","token":"33.2\/IV\/22\/33.2-2206","metadata":false},{"id":70320,"structure_id":14146,"section_number":"33.2-2207","catch_line":"Consent of Commonwealth to use subaqueous soil of the Chesapeake Bay","url":"\/33.2-2207\/","token":"33.2\/IV\/22\/33.2-2207","metadata":false},{"id":82469,"structure_id":14146,"section_number":"33.2-2208","catch_line":"Revenue bonds","url":"\/33.2-2208\/","token":"33.2\/IV\/22\/33.2-2208","metadata":false},{"id":81031,"structure_id":14146,"section_number":"33.2-2209","catch_line":"Bonds not to constitute a debt or pledge of taxing power","url":"\/33.2-2209\/","token":"33.2\/IV\/22\/33.2-2209","metadata":false},{"id":75477,"structure_id":14146,"section_number":"33.2-2210","catch_line":"Trust indenture","url":"\/33.2-2210\/","token":"33.2\/IV\/22\/33.2-2210","metadata":false},{"id":77189,"structure_id":14146,"section_number":"33.2-2211","catch_line":"Revenues","url":"\/33.2-2211\/","token":"33.2\/IV\/22\/33.2-2211","metadata":false},{"id":67033,"structure_id":14146,"section_number":"33.2-2212","catch_line":"Cessation of tolls","url":"\/33.2-2212\/","token":"33.2\/IV\/22\/33.2-2212","metadata":false},{"id":63797,"structure_id":14146,"section_number":"33.2-2213","catch_line":"Transfer to Commonwealth","url":"\/33.2-2213\/","token":"33.2\/IV\/22\/33.2-2213","metadata":false},{"id":59579,"structure_id":14146,"section_number":"33.2-2214","catch_line":"Trust funds","url":"\/33.2-2214\/","token":"33.2\/IV\/22\/33.2-2214","metadata":false},{"id":68200,"structure_id":14146,"section_number":"33.2-2215","catch_line":"Remedies","url":"\/33.2-2215\/","token":"33.2\/IV\/22\/33.2-2215","metadata":false},{"id":77092,"structure_id":14146,"section_number":"33.2-2216","catch_line":"Governmental function; exemption from taxation","url":"\/33.2-2216\/","token":"33.2\/IV\/22\/33.2-2216","metadata":false},{"id":61127,"structure_id":14146,"section_number":"33.2-2217","catch_line":"Repealed","url":"\/33.2-2217\/","token":"33.2\/IV\/22\/33.2-2217","metadata":false},{"id":74809,"structure_id":14146,"section_number":"33.2-2218","catch_line":"Bonds eligible for investment","url":"\/33.2-2218\/","token":"33.2\/IV\/22\/33.2-2218","metadata":false},{"id":66504,"structure_id":14146,"section_number":"33.2-2219","catch_line":"Protection from competition","url":"\/33.2-2219\/","token":"33.2\/IV\/22\/33.2-2219","metadata":false},{"id":78912,"structure_id":14146,"section_number":"33.2-2220","catch_line":"Miscellaneous; penalties","url":"\/33.2-2220\/","token":"33.2\/IV\/22\/33.2-2220","metadata":false},{"id":82911,"structure_id":14146,"section_number":"33.2-2221","catch_line":"Liberal construction","url":"\/33.2-2221\/","token":"33.2\/IV\/22\/33.2-2221","metadata":false},{"id":69051,"structure_id":14146,"section_number":"33.2-2222","catch_line":"Repealed","url":"\/33.2-2222\/","token":"33.2\/IV\/22\/33.2-2222","metadata":false}],"previous_section":{"id":55300,"structure_id":14146,"section_number":"33.2-2205","catch_line":"Regulations of the Commission; enforcement","url":"\/33.2-2205\/","token":"33.2\/IV\/22\/33.2-2205","metadata":false},"next_section":{"id":70320,"structure_id":14146,"section_number":"33.2-2207","catch_line":"Consent of Commonwealth to use subaqueous soil of the Chesapeake Bay","url":"\/33.2-2207\/","token":"33.2\/IV\/22\/33.2-2207","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-2206\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 714 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. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":207279,"object_type":"law","relational_id":67672,"identifier":"33.2-2206","token":"33.2\/IV\/22\/33.2-2206","url":"\/33.2-2206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-2206\/","token":"33.2\/IV\/22\/33.2-2206","dublin_core":{"Title":"Acquisition of property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-2206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> is hereby authorized and empowered to acquire by purchase, whenever it deems such purchase expedient, solely from funds provided under the authority of this chapter, such lands, structures, rights-of-way, property, rights, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, that are located within the Commonwealth as it may deem necessary or convenient for the construction and operation of the project<\/span>, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner<\/span> thereof, and to take title thereto in the name of the District<\/span>.\n\t\tAll localities and political subdivisions and all public agencies and commissions<\/span> of the Commonwealth, notwithstanding any contrary provision of law<\/span>, are hereby authorized and empowered to lease, lend, grant, or convey to the District<\/span> at the Commission<\/span>’s request upon such terms and conditions as the proper authorities of such localities, political subdivisions, agencies, or commissions<\/span> of the Commonwealth may deem reasonable and fair and without the necessity for any advertisement, order<\/span> of court<\/span>, or other action or formality, other than the regular and formal action of the authorities concerned, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the Commission<\/span>, including public highways and other real property already devoted to public use.\n\t\tWhenever a reasonable price cannot be agreed upon, or whenever the owner<\/span> is legally incapacitated or is absent, unknown, or unable to convey valid title, the Commission<\/span> is hereby authorized and empowered to acquire by condemnation or by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility or other corporation, municipality, or political subdivision deemed necessary or convenient for the construction or the efficient operation of the project<\/span> or necessary in the restoration of public or private property damaged or destroyed. Such proceedings shall be in accordance with and subject to the provisions of any and all laws<\/span> applicable to condemnation of property in the name of the Commissioner of Highways<\/span> under the laws<\/span> of the Commonwealth. Title to any property acquired by the Commission<\/span> shall be taken in the name of the District<\/span>. In any condemnation proceedings, the court<\/span> having jurisdiction<\/span> of the suit, action, or proceeding may make such orders<\/span> as may be just to the Commission<\/span> and to the owners<\/span> of the property to be condemned and may require an undertaking or other security to secure such owners<\/span> against any loss or damage by reason of the failure of the Commission<\/span> to accept and pay for the property, but neither such undertaking or security nor any act or obligation of the Commission<\/span> shall impose any liability upon the District<\/span> except as may be paid from the funds provided under the authority of this chapter.\n\t\tIf the owner<\/span>, lessee, or occupier of any property to be condemned refuses to remove his personal property therefrom or give up possession<\/span> thereof, the Commission<\/span> may proceed to obtain possession<\/span> in any manner provided by law<\/span>.\n\t\tWith respect to any railroad property or right-of-way upon which railroad tracks are located, any powers of condemnation or of eminent domain may be exercised to acquire only an easement interest therein, which is located either sufficiently far above or sufficiently far below the grade of any railroad track upon such railroad property so that neither the proposed project<\/span> nor any part thereof, including any bridges, abutments, columns, supporting structures, and appurtenances, nor any traffic upon it interferes in any manner with the use, operation, or maintenance<\/span> of the trains, tracks, works, or appurtenances or other property of the railroad nor endanger the movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of condemnation proceedings for such easement over or under such railroad property or right-of-way, plans and specifications of the proposed project<\/span> showing compliance with the above-mentioned above or below grade requirements and showing sufficient and safe plans and specifications of such overhead or undergrade structure and appurtenances shall be submitted to the railroad for examination and approval. If the railroad fails or refuses within 30 days to approve the plans and specifications so submitted, the matter shall be submitted to the State Corporation Commission<\/span>, as to the sufficiency and safety of such plans and specifications and as to such elevations or distances above or below the tracks. Said overhead or undergrade structure and appurtenances shall be constructed only in accordance with such plans and specifications and in accordance with such elevations or distances above or below the tracks so approved by the railroad or the State Corporation Commission<\/span>. A copy of the plans and specifications approved by the railroad or the State Corporation Commission<\/span> shall be filed as an exhibit with the petition<\/span> for condemnation. The cost of any such overhead or undergrade projects<\/span> and appurtenances and any expense and cost incurred in changing, adjusting, relocating, or removing the lines and grades of such railroad in connection with the project<\/span> shall be paid by the Commission<\/span> as a part of the cost of the project<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACQUISITION OF PROPERTY (\u00a7 33.2-2206)\n\nThe Commission is hereby authorized and empowered to acquire by purchase,\nwhenever it deems such purchase expedient, solely from funds provided under the\nauthority of this chapter, such lands, structures, rights-of-way, property,\nrights, franchises, easements, and other interests in lands, including lands\nlying under water and riparian rights, that are located within the Commonwealth\nas it may deem necessary or convenient for the construction and operation of the\nproject, upon such terms and at such prices as may be considered by it to be\nreasonable and can be agreed upon between it and the owner thereof, and to take\ntitle thereto in the name of the District.\n\t\tAll localities and political subdivisions and all public agencies and\ncommissions of the Commonwealth, notwithstanding any contrary provision of law,\nare hereby authorized and empowered to lease, lend, grant, or convey to the\nDistrict at the Commission’s request upon such terms and conditions as the\nproper authorities of such localities, political subdivisions, agencies, or\ncommissions of the Commonwealth may deem reasonable and fair and without the\nnecessity for any advertisement, order of court, or other action or formality,\nother than the regular and formal action of the authorities concerned, any real\nproperty that may be necessary or convenient to the effectuation of the\nauthorized purposes of the Commission, including public highways and other real\nproperty already devoted to public use.\n\t\tWhenever a reasonable price cannot be agreed upon, or whenever the owner is\nlegally incapacitated or is absent, unknown, or unable to convey valid title,\nthe Commission is hereby authorized and empowered to acquire by condemnation or\nby the exercise of the power of eminent domain any lands, property, rights,\nrights-of-way, franchises, easements, and other property, including public\nlands, parks, playgrounds, reservations, highways, or parkways, or parts thereof\nor rights therein, of any person, partnership, association, railroad, public\nservice, public utility or other corporation, municipality, or political\nsubdivision deemed necessary or convenient for the construction or the efficient\noperation of the project or necessary in the restoration of public or private\nproperty damaged or destroyed. Such proceedings shall be in accordance with and\nsubject to the provisions of any and all laws applicable to condemnation of\nproperty in the name of the Commissioner of Highways under the laws of the\nCommonwealth. Title to any property acquired by the Commission shall be taken in\nthe name of the District. In any condemnation proceedings, the court having\njurisdiction of the suit, action, or proceeding may make such orders as may be\njust to the Commission and to the owners of the property to be condemned and may\nrequire an undertaking or other security to secure such owners against any loss\nor damage by reason of the failure of the Commission to accept and pay for the\nproperty, but neither such undertaking or security nor any act or obligation of\nthe Commission shall impose any liability upon the District except as may be\npaid from the funds provided under the authority of this chapter.\n\t\tIf the owner, lessee, or occupier of any property to be condemned refuses to\nremove his personal property therefrom or give up possession thereof, the\nCommission may proceed to obtain possession in any manner provided by law.\n\t\tWith respect to any railroad property or right-of-way upon which railroad\ntracks are located, any powers of condemnation or of eminent domain may be\nexercised to acquire only an easement interest therein, which is located either\nsufficiently far above or sufficiently far below the grade of any railroad track\nupon such railroad property so that neither the proposed project nor any part\nthereof, including any bridges, abutments, columns, supporting structures, and\nappurtenances, nor any traffic upon it interferes in any manner with the use,\noperation, or maintenance of the trains, tracks, works, or appurtenances or\nother property of the railroad nor endanger the movement of the trains or\ntraffic upon the tracks of the railroad. Prior to the institution of\ncondemnation proceedings for such easement over or under such railroad property\nor right-of-way, plans and specifications of the proposed project showing\ncompliance with the above-mentioned above or below grade requirements and\nshowing sufficient and safe plans and specifications of such overhead or\nundergrade structure and appurtenances shall be submitted to the railroad for\nexamination and approval. If the railroad fails or refuses within 30 days to\napprove the plans and specifications so submitted, the matter shall be submitted\nto the State Corporation Commission, as to the sufficiency and safety of such\nplans and specifications and as to such elevations or distances above or below\nthe tracks. Said overhead or undergrade structure and appurtenances shall be\nconstructed only in accordance with such plans and specifications and in\naccordance with such elevations or distances above or below the tracks so\napproved by the railroad or the State Corporation Commission. A copy of the\nplans and specifications approved by the railroad or the State Corporation\nCommission shall be filed as an exhibit with the petition for condemnation. The\ncost of any such overhead or undergrade projects and appurtenances and any\nexpense and cost incurred in changing, adjusting, relocating, or removing the\nlines and grades of such railroad in connection with the project shall be paid\nby the Commission as a part of the cost of the project.\n\nHISTORY: 1956, c. 714; 2014, c. 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}}