{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-252.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-252.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-252.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-252.html"}],"law_id":61825,"edition_id":1,"section_id":61825,"structure_id":13137,"section_number":"33.2-252","catch_line":"Tramways and railways along or across public highways; appeals","history":"Code 1950, \u00a7\u00a7 33-126, 33-127, 33-128; 1970, c. 322, \u00a7\u00a7 33.1-211, 33.1-212, 33.1-213; 2014, c. 805.","full_text":"A\n\nWhenever any person, firm, or chartered company engaged in mining, manufacturing, or lumber getting has acquired the right-of-way for a tramway or railway, except across or upon a public highway, and desires to cross such highway or some part thereof and if such person, firm, or chartered company cannot agree with the Commissioner of Highways, or governing body of a county if the road is a county road in a county where the roads are not within the secondary state highway system, as to the terms and conditions of such crossing, the circuit court of the county in which such highway may be may prescribe such regulations for the crossing of such highway as will protect the public, and when such regulations have been prescribed, such tramway or railway may be constructed and maintained or if already constructed may be maintained in accordance with such regulations as may be made on the application of the owner of such tramway or railway or on the motion of the attorney for the Commonwealth after notice to such owner.B\n\nThe Commissioner of Highways or governing body or the applicant or owner of the tramway or railway may appeal from the order of the circuit court in the manner prescribed for appeals in controversies concerning roads.C\n\nNothing contained in this section shall be construed as giving the right to condemn private property for such tramway or railway, nor shall the rights of any tramway or railway lawfully acquired be affected.","order_by":null,"text":{"0":{"id":225782,"text":"Whenever any person, firm, or chartered company engaged in mining, manufacturing, or lumber getting has acquired the right-of-way for a tramway or railway, except across or upon a public highway, and desires to cross such highway or some part thereof and if such person, firm, or chartered company cannot agree with the Commissioner of Highways, or governing body of a county if the road is a county road in a county where the roads are not within the secondary state highway system, as to the terms and conditions of such crossing, the circuit court of the county in which such highway may be may prescribe such regulations for the crossing of such highway as will protect the public, and when such regulations have been prescribed, such tramway or railway may be constructed and maintained or if already constructed may be maintained in accordance with such regulations as may be made on the application of the owner of such tramway or railway or on the motion of the attorney for the Commonwealth after notice to such owner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225783,"text":"The Commissioner of Highways or governing body or the applicant or owner of the tramway or railway may appeal from the order of the circuit court in the manner prescribed for appeals in controversies concerning roads.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225784,"text":"Nothing contained in this section shall be construed as giving the right to condemn private property for such tramway or railway, nor shall the rights of any tramway or railway lawfully acquired be affected.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13137,"edition_id":1,"name":"Commissioner of Highways","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13136,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204989,"object_type":"structure","relational_id":13137,"identifier":"3","token":"33.2\/I\/2\/3","url":"\/33.2\/I\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13136,"edition_id":1,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13135,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204875,"object_type":"structure","relational_id":13136,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13135,"edition_id":1,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204787,"object_type":"structure","relational_id":13135,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","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":70893,"structure_id":13137,"section_number":"33.2-222","catch_line":"Commissioner of Highways","url":"\/33.2-222\/","token":"33.2\/I\/2\/3\/33.2-222","metadata":false},{"id":61222,"structure_id":13137,"section_number":"33.2-223","catch_line":"General powers of Commissioner of Highways","url":"\/33.2-223\/","token":"33.2\/I\/2\/3\/33.2-223","metadata":false},{"id":63338,"structure_id":13137,"section_number":"33.2-224","catch_line":"Employees; delegation of responsibilities","url":"\/33.2-224\/","token":"33.2\/I\/2\/3\/33.2-224","metadata":false},{"id":86590,"structure_id":13137,"section_number":"33.2-225","catch_line":"Liaison duties with other organizations","url":"\/33.2-225\/","token":"33.2\/I\/2\/3\/33.2-225","metadata":false},{"id":83170,"structure_id":13137,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","url":"\/33.2-226\/","token":"33.2\/I\/2\/3\/33.2-226","metadata":false},{"id":62391,"structure_id":13137,"section_number":"33.2-227","catch_line":"Defense of employees","url":"\/33.2-227\/","token":"33.2\/I\/2\/3\/33.2-227","metadata":false},{"id":81611,"structure_id":13137,"section_number":"33.2-228","catch_line":"Agreements between Commissioner of Highways and certain localities","url":"\/33.2-228\/","token":"33.2\/I\/2\/3\/33.2-228","metadata":false},{"id":85565,"structure_id":13137,"section_number":"33.2-229","catch_line":"Furnishing information regarding right-of-way transactions","url":"\/33.2-229\/","token":"33.2\/I\/2\/3\/33.2-229","metadata":false},{"id":65625,"structure_id":13137,"section_number":"33.2-230","catch_line":"Written notice of decision to dispose of real property","url":"\/33.2-230\/","token":"33.2\/I\/2\/3\/33.2-230","metadata":false},{"id":74466,"structure_id":13137,"section_number":"33.2-231","catch_line":"Establish community service landscaping program","url":"\/33.2-231\/","token":"33.2\/I\/2\/3\/33.2-231","metadata":false},{"id":70228,"structure_id":13137,"section_number":"33.2-232","catch_line":"Biennial reports by Commissioner of Highways and the Office of Intermodal Planning and Investment","url":"\/33.2-232\/","token":"33.2\/I\/2\/3\/33.2-232","metadata":false},{"id":76784,"structure_id":13137,"section_number":"33.2-233","catch_line":"Gathering and reporting of information and statistics","url":"\/33.2-233\/","token":"33.2\/I\/2\/3\/33.2-233","metadata":false},{"id":81809,"structure_id":13137,"section_number":"33.2-234","catch_line":"Construction by state or local employees","url":"\/33.2-234\/","token":"33.2\/I\/2\/3\/33.2-234","metadata":false},{"id":66754,"structure_id":13137,"section_number":"33.2-235","catch_line":"Procurement","url":"\/33.2-235\/","token":"33.2\/I\/2\/3\/33.2-235","metadata":false},{"id":68789,"structure_id":13137,"section_number":"33.2-236","catch_line":" Maps or plats prepared at request and expense of local governing bodies and other groups; Department of Energy to seek other existing sources","url":"\/33.2-236\/","token":"33.2\/I\/2\/3\/33.2-236","metadata":false},{"id":64042,"structure_id":13137,"section_number":"33.2-237","catch_line":"Directional signs for certain educational institutions","url":"\/33.2-237\/","token":"33.2\/I\/2\/3\/33.2-237","metadata":false},{"id":82461,"structure_id":13137,"section_number":"33.2-238","catch_line":"Closing highways for safety of public or proper completion of construction; injury to barriers, signs, etc","url":"\/33.2-238\/","token":"33.2\/I\/2\/3\/33.2-238","metadata":false},{"id":60812,"structure_id":13137,"section_number":"33.2-239","catch_line":"Providing highway detours","url":"\/33.2-239\/","token":"33.2\/I\/2\/3\/33.2-239","metadata":false},{"id":73007,"structure_id":13137,"section_number":"33.2-240","catch_line":"Connections over shoulders of highways for intersecting private roads","url":"\/33.2-240\/","token":"33.2\/I\/2\/3\/33.2-240","metadata":false},{"id":71363,"structure_id":13137,"section_number":"33.2-241","catch_line":"Connections over shoulders of highways for intersecting commercial establishment entrances; penalty","url":"\/33.2-241\/","token":"33.2\/I\/2\/3\/33.2-241","metadata":false},{"id":59722,"structure_id":13137,"section_number":"33.2-242","catch_line":"Replacing entrances destroyed in the repair or construction of highways","url":"\/33.2-242\/","token":"33.2\/I\/2\/3\/33.2-242","metadata":false},{"id":61612,"structure_id":13137,"section_number":"33.2-243","catch_line":"Paying for damages sustained to personal property by reason of work projects, etc","url":"\/33.2-243\/","token":"33.2\/I\/2\/3\/33.2-243","metadata":false},{"id":78327,"structure_id":13137,"section_number":"33.2-244","catch_line":"Removal of snow and ice from public highways by private entities","url":"\/33.2-244\/","token":"33.2\/I\/2\/3\/33.2-244","metadata":false},{"id":72332,"structure_id":13137,"section_number":"33.2-245","catch_line":"Comprehensive highway access management standards","url":"\/33.2-245\/","token":"33.2\/I\/2\/3\/33.2-245","metadata":false},{"id":81160,"structure_id":13137,"section_number":"33.2-246","catch_line":"Recreational waysides; regulations; penalties","url":"\/33.2-246\/","token":"33.2\/I\/2\/3\/33.2-246","metadata":false},{"id":75411,"structure_id":13137,"section_number":"33.2-247","catch_line":"Wetlands mitigation banking","url":"\/33.2-247\/","token":"33.2\/I\/2\/3\/33.2-247","metadata":false},{"id":81124,"structure_id":13137,"section_number":"33.2-248","catch_line":"Expenditure of funds for interstate bridges and approaches","url":"\/33.2-248\/","token":"33.2\/I\/2\/3\/33.2-248","metadata":false},{"id":61311,"structure_id":13137,"section_number":"33.2-249","catch_line":"Maintenance and operation of bridges or tunnels on the city and state line","url":"\/33.2-249\/","token":"33.2\/I\/2\/3\/33.2-249","metadata":false},{"id":63896,"structure_id":13137,"section_number":"33.2-250","catch_line":"Improving certain private roads and certain town streets and roads","url":"\/33.2-250\/","token":"33.2\/I\/2\/3\/33.2-250","metadata":false},{"id":74888,"structure_id":13137,"section_number":"33.2-251","catch_line":"Installation and maintenance of \"children at play\" signs in counties and towns","url":"\/33.2-251\/","token":"33.2\/I\/2\/3\/33.2-251","metadata":false},{"id":61825,"structure_id":13137,"section_number":"33.2-252","catch_line":"Tramways and railways along or across public highways; appeals","url":"\/33.2-252\/","token":"33.2\/I\/2\/3\/33.2-252","metadata":false},{"id":73157,"structure_id":13137,"section_number":"33.2-253","catch_line":"Highway safety corridor program","url":"\/33.2-253\/","token":"33.2\/I\/2\/3\/33.2-253","metadata":false},{"id":54165,"structure_id":13137,"section_number":"33.2-254","catch_line":"Erection and maintenance of newspaper route boxes","url":"\/33.2-254\/","token":"33.2\/I\/2\/3\/33.2-254","metadata":false},{"id":60527,"structure_id":13137,"section_number":"33.2-255","catch_line":"Sale or lease of properties acquired for highway construction","url":"\/33.2-255\/","token":"33.2\/I\/2\/3\/33.2-255","metadata":false}],"previous_section":{"id":74888,"structure_id":13137,"section_number":"33.2-251","catch_line":"Installation and maintenance of \"children at play\" signs in counties and towns","url":"\/33.2-251\/","token":"33.2\/I\/2\/3\/33.2-251","metadata":false},"next_section":{"id":73157,"structure_id":13137,"section_number":"33.2-253","catch_line":"Highway safety corridor program","url":"\/33.2-253\/","token":"33.2\/I\/2\/3\/33.2-253","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-252\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1970, chapter 322; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":205111,"object_type":"law","relational_id":61825,"identifier":"33.2-252","token":"33.2\/I\/2\/3\/33.2-252","url":"\/33.2-252\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-252\/","token":"33.2\/I\/2\/3\/33.2-252","dublin_core":{"Title":"Tramways and railways along or across public highways; appeals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-252","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever any person, firm, or chartered company engaged in mining, manufacturing, or lumber getting has acquired the right-of-way for a tramway or railway, except across or upon a public <span class=\"dictionary\">highway<\/span>, and desires to cross such <span class=\"dictionary\">highway<\/span> or some part thereof and if such person, firm, or chartered company cannot agree with the <span class=\"dictionary\">Commissioner of Highways<\/span>, or governing body of a county if the road is a county road in a county where the roads are not within the secondary state <span class=\"dictionary\">highway<\/span> system, as to the terms and conditions of such crossing, the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the county in which such <span class=\"dictionary\">highway<\/span> may be may prescribe such regulations for the crossing of such <span class=\"dictionary\">highway<\/span> as will protect the public, and when such regulations have been prescribed, such tramway or railway may be constructed and maintained or if already constructed may be maintained in accordance with such regulations as may be made on the application of the owner of such tramway or railway or on the <span class=\"dictionary\">motion<\/span> of the attorney for the Commonwealth after notice to such owner. <a id=\"paragraph-225782\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-252\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commissioner of Highways<\/span> or governing body or the applicant or owner of the tramway or railway may <span class=\"dictionary\">appeal<\/span> from the <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> in the manner prescribed for <span class=\"dictionary\">appeals<\/span> in controversies concerning roads. <a id=\"paragraph-225783\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-252\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing contained in this section shall be construed as giving the right to condemn private property for such tramway or railway, nor shall the rights of any tramway or railway lawfully acquired be affected. <a id=\"paragraph-225784\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-252\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTRAMWAYS AND RAILWAYS ALONG OR ACROSS PUBLIC HIGHWAYS; APPEALS (\u00a7 33.2-252)\n\nA. Whenever any person, firm, or chartered company engaged in mining,\nmanufacturing, or lumber getting has acquired the right-of-way for a tramway or\nrailway, except across or upon a public highway, and desires to cross such\nhighway or some part thereof and if such person, firm, or chartered company\ncannot agree with the Commissioner of Highways, or governing body of a county if\nthe road is a county road in a county where the roads are not within the\nsecondary state highway system, as to the terms and conditions of such crossing,\nthe circuit court of the county in which such highway may be may prescribe such\nregulations for the crossing of such highway as will protect the public, and\nwhen such regulations have been prescribed, such tramway or railway may be\nconstructed and maintained or if already constructed may be maintained in\naccordance with such regulations as may be made on the application of the owner\nof such tramway or railway or on the motion of the attorney for the Commonwealth\nafter notice to such owner.\n\nB. The Commissioner of Highways or governing body or the applicant or owner of\nthe tramway or railway may appeal from the order of the circuit court in the\nmanner prescribed for appeals in controversies concerning roads.\n\nC. Nothing contained in this section shall be construed as giving the right to\ncondemn private property for such tramway or railway, nor shall the rights of\nany tramway or railway lawfully acquired be affected.\n\nHISTORY: Code 1950, \u00a7\u00a7 33-126, 33-127, 33-128; 1970, c. 322, \u00a7\u00a7 33.1-211,\n33.1-212, 33.1-213; 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}}