{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-16.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-16.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-16.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-16.1.html"}],"law_id":54554,"edition_id":1,"section_id":54554,"structure_id":13587,"section_number":"56-16.1","catch_line":"Telephone, telegraph or electric power lines crossing railroads","history":"1976, c. 328.","full_text":"A\n\nIf a telephone, telegraph or electric power company desires to cross the works of a railroad company and the parties thereto cannot agree on the manner 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 section in such case. Such party, after complying with the provisions of §§ 56-17 and 56-18, insofar as they are applicable, may apply to the Commission within thirty days after the submission of the plans and specifications required in § 56-18, to inquire into the necessity for such crossing, the propriety of the proposed location, all matters pertaining to its construction and operation, and the crossing fee and damages, if any, to be paid to such railroad.B\n\nEvery such application shall, in addition to the plans and specifications required in § 56-18, set forth (i) the means applicant proposes to employ to protect persons and property on the premises of the railroad; (ii) the extent to which applicant will safeguard the railroad from damage or destruction of persons or property resulting from such crossing including a provision to save the railroad harmless from claims arising as a result of such crossing; (iii) the conditions under which usage of the crossing will terminate and all interests revert to the railroad; and (iv) the means which applicant proposes to employ to prevent interference with the unlimited use of the property by the railroad including, but without limitation, the communication and transportation system on the property proposed to be crossed. The Commission may, at its discretion, require the applicant to provide a bond or insurance conditioned to save the railroad harmless from claims arising as a result of such crossing. The Commission may, as provided in § 56-19, employ experts to advise it with reference to such application.C\n\nIf the Commission grants such application in whole or in part, the order of the Commission shall grant a license for such crossing upon compliance with the terms of the order, and shall fix a fee for such crossing and determine the damages, if any; in fixing the amount of such fees the Commission shall consider the costs involved to the company to be crossed and the periodic inspection of such works.D\n\nConstruction shall not begin until permitted under an order provided for in paragraph C hereof unless the parties agree thereto; provided that the Commission may allow construction to proceed pending the determination of the fee and damages, if any.","order_by":null,"text":{"0":{"id":200336,"text":"If a telephone, telegraph or electric power company desires to cross the works of a railroad company and the parties thereto cannot agree on the manner 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 section in such case. Such party, after complying with the provisions of §§ 56-17 and 56-18, insofar as they are applicable, may apply to the Commission within thirty days after the submission of the plans and specifications required in § 56-18, to inquire into the necessity for such crossing, the propriety of the proposed location, all matters pertaining to its construction and operation, and the crossing fee and damages, if any, to be paid to such railroad.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200337,"text":"Every such application shall, in addition to the plans and specifications required in § 56-18, set forth (i) the means applicant proposes to employ to protect persons and property on the premises of the railroad; (ii) the extent to which applicant will safeguard the railroad from damage or destruction of persons or property resulting from such crossing including a provision to save the railroad harmless from claims arising as a result of such crossing; (iii) the conditions under which usage of the crossing will terminate and all interests revert to the railroad; and (iv) the means which applicant proposes to employ to prevent interference with the unlimited use of the property by the railroad including, but without limitation, the communication and transportation system on the property proposed to be crossed. The Commission may, at its discretion, require the applicant to provide a bond or insurance conditioned to save the railroad harmless from claims arising as a result of such crossing. The Commission may, as provided in § 56-19, employ experts to advise it with reference to such application.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200338,"text":"If the Commission grants such application in whole or in part, the order of the Commission shall grant a license for such crossing upon compliance with the terms of the order, and shall fix a fee for such crossing and determine the damages, if any; in fixing the amount of such fees the Commission shall consider the costs involved to the company to be crossed and the periodic inspection of such works.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200339,"text":"Construction shall not begin until permitted under an order provided for in paragraph C hereof unless the parties agree thereto; provided that the Commission may allow construction to proceed pending the determination of the fee and damages, if any.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13587,"edition_id":1,"name":"Crossings and Connections","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13586,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":248571,"object_type":"structure","relational_id":13587,"identifier":"4","token":"56\/1\/4","url":"\/56\/1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13586,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":248475,"object_type":"structure","relational_id":13586,"identifier":"1","token":"56\/1","url":"\/56\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71022,"structure_id":13587,"section_number":"56-16","catch_line":"Wagonways to be constructed across roads, railroads, canals, and other works; enforcement","url":"\/56-16\/","token":"56\/1\/4\/56-16","metadata":false},{"id":54554,"structure_id":13587,"section_number":"56-16.1","catch_line":"Telephone, telegraph or electric power lines crossing railroads","url":"\/56-16.1\/","token":"56\/1\/4\/56-16.1","metadata":false},{"id":63905,"structure_id":13587,"section_number":"56-16.2","catch_line":"Public utility lines crossing railroads","url":"\/56-16.2\/","token":"56\/1\/4\/56-16.2","metadata":false},{"id":72703,"structure_id":13587,"section_number":"56-16.3","catch_line":"Fiber optic broadband lines crossing railroads","url":"\/56-16.3\/","token":"56\/1\/4\/56-16.3","metadata":false},{"id":77234,"structure_id":13587,"section_number":"56-17","catch_line":" Right of one public service corporation to cross the works of another; cost","url":"\/56-17\/","token":"56\/1\/4\/56-17","metadata":false},{"id":64003,"structure_id":13587,"section_number":"56-18","catch_line":"Submission of plans for such crossing","url":"\/56-18\/","token":"56\/1\/4\/56-18","metadata":false},{"id":72512,"structure_id":13587,"section_number":"56-19","catch_line":"Contest by company whose works are crossed","url":"\/56-19\/","token":"56\/1\/4\/56-19","metadata":false},{"id":64254,"structure_id":13587,"section_number":"56-20","catch_line":"Payment for damage occasioned by crossing works of public service corporations","url":"\/56-20\/","token":"56\/1\/4\/56-20","metadata":false},{"id":69805,"structure_id":13587,"section_number":"56-21","catch_line":"When work on crossing works of public service corporation to proceed; no injunction to be awarded","url":"\/56-21\/","token":"56\/1\/4\/56-21","metadata":false},{"id":70525,"structure_id":13587,"section_number":"56-22","catch_line":"Change of course of railroad, etc., to avoid crossings","url":"\/56-22\/","token":"56\/1\/4\/56-22","metadata":false},{"id":69634,"structure_id":13587,"section_number":"56-23","catch_line":"Crossing of highway by public service corporation","url":"\/56-23\/","token":"56\/1\/4\/56-23","metadata":false},{"id":81153,"structure_id":13587,"section_number":"56-24","catch_line":"Effect of crossing on highway","url":"\/56-24\/","token":"56\/1\/4\/56-24","metadata":false},{"id":64945,"structure_id":13587,"section_number":"56-25","catch_line":"Manner of construction of crossing","url":"\/56-25\/","token":"56\/1\/4\/56-25","metadata":false},{"id":68036,"structure_id":13587,"section_number":"56-26","catch_line":"Cost of crossing","url":"\/56-26\/","token":"56\/1\/4\/56-26","metadata":false},{"id":73221,"structure_id":13587,"section_number":"56-27","catch_line":"Applications required for crossings","url":"\/56-27\/","token":"56\/1\/4\/56-27","metadata":false},{"id":82834,"structure_id":13587,"section_number":"56-28","catch_line":"Contest by county or Commissioner of Highways","url":"\/56-28\/","token":"56\/1\/4\/56-28","metadata":false},{"id":79102,"structure_id":13587,"section_number":"56-29","catch_line":"Change of course of highway to avoid crossings","url":"\/56-29\/","token":"56\/1\/4\/56-29","metadata":false},{"id":81912,"structure_id":13587,"section_number":"56-30","catch_line":"Payment of damages occasioned by crossing highway","url":"\/56-30\/","token":"56\/1\/4\/56-30","metadata":false},{"id":87451,"structure_id":13587,"section_number":"56-31","catch_line":"When work of crossing highway to proceed","url":"\/56-31\/","token":"56\/1\/4\/56-31","metadata":false},{"id":75729,"structure_id":13587,"section_number":"56-32","catch_line":"Limitation on crossing rights if altering, closing or obstructing highway or stream involved","url":"\/56-32\/","token":"56\/1\/4\/56-32","metadata":false},{"id":57141,"structure_id":13587,"section_number":"56-33","catch_line":"Duty of corporation whose wires cross other works","url":"\/56-33\/","token":"56\/1\/4\/56-33","metadata":false},{"id":86237,"structure_id":13587,"section_number":"56-34","catch_line":"General Assembly may require connections between public service corporations","url":"\/56-34\/","token":"56\/1\/4\/56-34","metadata":false}],"previous_section":{"id":71022,"structure_id":13587,"section_number":"56-16","catch_line":"Wagonways to be constructed across roads, railroads, canals, and other works; enforcement","url":"\/56-16\/","token":"56\/1\/4\/56-16","metadata":false},"next_section":{"id":63905,"structure_id":13587,"section_number":"56-16.2","catch_line":"Public utility lines crossing railroads","url":"\/56-16.2\/","token":"56\/1\/4\/56-16.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-16.1\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 328 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 1976 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":77234,"section_number":"56-17","catch_line":" Right of one public service corporation to cross the works of another; cost","order_by":null,"url":"\/56-17\/"},{"id":64003,"section_number":"56-18","catch_line":"Submission of plans for such crossing","order_by":null,"url":"\/56-18\/"},{"id":72512,"section_number":"56-19","catch_line":"Contest by company whose works are crossed","order_by":null,"url":"\/56-19\/"}],"permalink":{"id":248577,"object_type":"law","relational_id":54554,"identifier":"56-16.1","token":"56\/1\/4\/56-16.1","url":"\/56-16.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-16.1\/","token":"56\/1\/4\/56-16.1","dublin_core":{"Title":"Telephone, telegraph or electric power lines crossing railroads","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-16.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a telephone, telegraph or electric power company desires to cross the works of a railroad company<\/span> and the parties thereto cannot agree on the manner of the crossing or the compensation to be paid or the damages<\/span>, if any, occasioned by such crossing, then either party<\/span> may proceed under this section in such case. Such party<\/span>, after complying with the provisions of §§ 56-17<\/a> and 56-18<\/a>, insofar as they are applicable, may apply to the Commission<\/span> within thirty days after the submission of the plans and specifications required in § 56-18<\/a>, to inquire into the necessity for such crossing, the propriety of the proposed location, all matters pertaining to its construction and operation, and the crossing fee and damages<\/span>, if any, to be paid to such railroad. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every such application shall, in addition to the plans and specifications required in § 56-18<\/a>, set forth (i) the means applicant proposes to employ to protect persons<\/span> and property on the premises of the railroad; (ii) the extent to which applicant will safeguard the railroad from damage or destruction of persons<\/span> or property resulting from such crossing including a provision to save the railroad harmless from claims arising as a result of such crossing; (iii) the conditions under which usage of the crossing will terminate and all interests revert to the railroad; and (iv) the means which applicant proposes to employ to prevent interference with the unlimited use of the property by the railroad including, but without limitation, the communication and transportation system on the property proposed to be crossed. The Commission<\/span> may, at its discretion, require the applicant to provide a bond<\/span> or insurance conditioned to save the railroad harmless from claims arising as a result of such crossing. The Commission<\/span> may, as provided in § 56-19<\/a>, employ experts to advise it with reference to such application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commission<\/span> grants such application in whole or in part, the order<\/span> of the Commission<\/span> shall grant a license for such crossing upon compliance with the terms of the order<\/span>, and shall fix a fee for such crossing and determine the damages<\/span>, if any; in fixing the amount of such fees the Commission<\/span> shall consider the costs involved to the company to be crossed and the periodic inspection of such works. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Construction shall not begin until permitted under an order<\/span> provided for in paragraph C hereof unless the parties agree thereto; provided that the Commission<\/span> may allow construction to proceed pending the determination of the fee and damages<\/span>, if any. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTELEPHONE, TELEGRAPH OR ELECTRIC POWER LINES CROSSING RAILROADS (\u00a7 56-16.1)\n\nA. If a telephone, telegraph or electric power company desires to cross the\nworks of a railroad company and the parties thereto cannot agree on the manner\nof the crossing or the compensation to be paid or the damages, if any,\noccasioned by such crossing, then either party may proceed under this section in\nsuch case. Such party, after complying with the provisions of §§ 56-17\nand 56-18, insofar as they are applicable, may apply to the Commission within\nthirty days after the submission of the plans and specifications required in\n§ 56-18, to inquire into the necessity for such crossing, the propriety of\nthe proposed location, all matters pertaining to its construction and operation,\nand the crossing fee and damages, if any, to be paid to such railroad.\n\nB. Every such application shall, in addition to the plans and specifications\nrequired in § 56-18, set forth (i) the means applicant proposes to employ\nto protect persons and property on the premises of the railroad; (ii) the extent\nto which applicant will safeguard the railroad from damage or destruction of\npersons or property resulting from such crossing including a provision to save\nthe railroad harmless from claims arising as a result of such crossing; (iii)\nthe conditions under which usage of the crossing will terminate and all\ninterests revert to the railroad; and (iv) the means which applicant proposes to\nemploy to prevent interference with the unlimited use of the property by the\nrailroad including, but without limitation, the communication and transportation\nsystem on the property proposed to be crossed. The Commission may, at its\ndiscretion, require the applicant to provide a bond or insurance conditioned to\nsave the railroad harmless from claims arising as a result of such crossing. The\nCommission may, as provided in § 56-19, employ experts to advise it with\nreference to such application.\n\nC. If the Commission grants such application in whole or in part, the order of\nthe Commission shall grant a license for such crossing upon compliance with the\nterms of the order, and shall fix a fee for such crossing and determine the\ndamages, if any; in fixing the amount of such fees the Commission shall consider\nthe costs involved to the company to be crossed and the periodic inspection of\nsuch works.\n\nD. Construction shall not begin until permitted under an order provided for in\nparagraph C hereof unless the parties agree thereto; provided that the\nCommission may allow construction to proceed pending the determination of the\nfee and damages, if any.\n\nHISTORY: 1976, c. 328.","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}}