{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-16.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-16.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-16.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-16.2.html"}],"law_id":63905,"edition_id":1,"section_id":63905,"structure_id":13587,"section_number":"56-16.2","catch_line":"Public utility lines crossing railroads","history":"2006, c. 383.","full_text":"A\n\nAs used in this section:\n\t\t\t“Municipality” means a city, county, town, authority, or other political subdivision of the Commonwealth.\n\t\t\t“Public utility line” means any line, wire, pipe, or conduit that is used in connection with the provision of water, sewer, or telecommunications service by a municipality, and includes any poles and other appurtenant fixtures and structures that are necessary and appropriate for the operation and support of such line, wire, pipe, or conduit.B\n\nIf a municipality desires to cross the works of a railroad company with a public utility line and the municipality and railroad company 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, after complying with the provisions of §§ 56-17 and 56-18, insofar as they are applicable, may apply to the Commission within 30 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 a fee for such crossing and damages, if any, to be paid to the railroad company.C\n\nEvery such application shall, in addition to the plans and specifications required in § 56-18, set forth (i) the means the applicant proposes to employ to protect persons and property on the premises of the railroad; (ii) standard railroad liability protection insurance to 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 the 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.D\n\nIf the Commission grants such application in whole or in part, the order of the Commission shall require the railroad to grant to the municipality a license for such crossing upon compliance with the terms of the order, and shall fix a fee for the crossing and determine the damages, if any. The amount of the fee for the crossing fixed by the Commission shall not exceed the actual costs reasonably expected to be incurred by the railroad company as a result of the crossing and the periodic inspection of such works but shall take into consideration the systemwide administrative and other costs of the railroad to implement utility crossing agreements.E\n\nConstruction shall not begin until permitted under an order provided for in subsection D unless the parties agree thereto; however, the Commission may allow construction to proceed pending the determination of the fee and damages, if any.","order_by":null,"text":{"0":{"id":232741,"text":"As used in this section:\n\t\t\t“Municipality” means a city, county, town, authority, or other political subdivision of the Commonwealth.\n\t\t\t“Public utility line” means any line, wire, pipe, or conduit that is used in connection with the provision of water, sewer, or telecommunications service by a municipality, and includes any poles and other appurtenant fixtures and structures that are necessary and appropriate for the operation and support of such line, wire, pipe, or conduit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232742,"text":"If a municipality desires to cross the works of a railroad company with a public utility line and the municipality and railroad company 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, after complying with the provisions of §§ 56-17 and 56-18, insofar as they are applicable, may apply to the Commission within 30 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 a fee for such crossing and damages, if any, to be paid to the railroad company.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232743,"text":"Every such application shall, in addition to the plans and specifications required in § 56-18, set forth (i) the means the applicant proposes to employ to protect persons and property on the premises of the railroad; (ii) standard railroad liability protection insurance to 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 the 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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":232744,"text":"If the Commission grants such application in whole or in part, the order of the Commission shall require the railroad to grant to the municipality a license for such crossing upon compliance with the terms of the order, and shall fix a fee for the crossing and determine the damages, if any. The amount of the fee for the crossing fixed by the Commission shall not exceed the actual costs reasonably expected to be incurred by the railroad company as a result of the crossing and the periodic inspection of such works but shall take into consideration the systemwide administrative and other costs of the railroad to implement utility crossing agreements.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":232745,"text":"Construction shall not begin until permitted under an order provided for in subsection D unless the parties agree thereto; however, the Commission may allow construction to proceed pending the determination of the fee and damages, if any.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-16.2\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 383<\/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.<\/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":248581,"object_type":"law","relational_id":63905,"identifier":"56-16.2","token":"56\/1\/4\/56-16.2","url":"\/56-16.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-16.2\/","token":"56\/1\/4\/56-16.2","dublin_core":{"Title":"Public utility lines crossing railroads","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-16.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Municipality<\/span>” means a city, county, town, authority, or other political subdivision of the Commonwealth.\n\t\t\t“Public utility line<\/span>” means any line, wire, pipe, or conduit that is used in connection with the provision of water, sewer, or telecommunications service by a municipality<\/span>, and includes any poles and other appurtenant fixtures and structures that are necessary and appropriate for the operation and support of such line, wire, pipe, or conduit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a municipality<\/span> desires to cross the works of a railroad company<\/span> with a public utility line<\/span> and the municipality<\/span> and railroad company<\/span> 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>, 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 30 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 a fee for such crossing and damages<\/span>, if any, to be paid to the railroad company<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every such application shall, in addition to the plans and specifications required in § 56-18<\/a>, set forth (i) the means the applicant proposes to employ to protect persons<\/span> and property on the premises of the railroad; (ii) standard railroad liability protection insurance to 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 the 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

D.<\/span> If the Commission<\/span> grants such application in whole or in part, the order<\/span> of the Commission<\/span> shall require the railroad to grant to the municipality<\/span> a license for such crossing upon compliance with the terms of the order<\/span>, and shall fix a fee for the crossing and determine the damages<\/span>, if any. The amount of the fee for the crossing fixed by the Commission<\/span> shall not exceed the actual costs reasonably expected to be incurred by the railroad company<\/span> as a result of the crossing and the periodic inspection of such works but shall take into consideration the systemwide administrative and other costs of the railroad to implement utility crossing agreements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Construction shall not begin until permitted under an order<\/span> provided for in subsection D unless the parties agree thereto; however, 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\nPUBLIC UTILITY LINES CROSSING RAILROADS (\u00a7 56-16.2)\n\nA. As used in this section:\n\t\t\t“Municipality” means a city, county, town, authority, or other\npolitical subdivision of the Commonwealth.\n\t\t\t“Public utility line” means any line, wire, pipe, or conduit that\nis used in connection with the provision of water, sewer, or telecommunications\nservice by a municipality, and includes any poles and other appurtenant fixtures\nand structures that are necessary and appropriate for the operation and support\nof such line, wire, pipe, or conduit.\n\nB. If a municipality desires to cross the works of a railroad company with a\npublic utility line and the municipality and railroad company cannot agree on\nthe manner of the crossing or the compensation to be paid or the damages, if\nany, occasioned by such crossing, then either party, after complying with the\nprovisions of §§ 56-17 and 56-18, insofar as they are applicable, may\napply to the Commission within 30 days after the submission of the plans and\nspecifications required in § 56-18 to inquire into the necessity for such\ncrossing, the propriety of the proposed location, all matters pertaining to its\nconstruction and operation, and a fee for such crossing and damages, if any, to\nbe paid to the railroad company.\n\nC. Every such application shall, in addition to the plans and specifications\nrequired in § 56-18, set forth (i) the means the applicant proposes to\nemploy to protect persons and property on the premises of the railroad; (ii)\nstandard railroad liability protection insurance to safeguard the railroad from\ndamage or destruction of persons or property resulting from such crossing,\nincluding a provision to save the railroad harmless from claims arising as a\nresult of such crossing; (iii) the conditions under which usage of the crossing\nwill terminate and all interests revert to the railroad; and (iv) the means\nwhich the applicant proposes to employ to prevent interference with the\nunlimited use of the property by the railroad including, but without limitation,\nthe communication and transportation system on the property proposed to be\ncrossed. The Commission may, at its discretion, require the applicant to provide\na bond or insurance conditioned to save the railroad harmless from claims\narising as a result of such crossing. The Commission may, as provided in §\n56-19, employ experts to advise it with reference to such application.\n\nD. If the Commission grants such application in whole or in part, the order of\nthe Commission shall require the railroad to grant to the municipality a license\nfor such crossing upon compliance with the terms of the order, and shall fix a\nfee for the crossing and determine the damages, if any. The amount of the fee\nfor the crossing fixed by the Commission shall not exceed the actual costs\nreasonably expected to be incurred by the railroad company as a result of the\ncrossing and the periodic inspection of such works but shall take into\nconsideration the systemwide administrative and other costs of the railroad to\nimplement utility crossing agreements.\n\nE. Construction shall not begin until permitted under an order provided for in\nsubsection D unless the parties agree thereto; however, the Commission may allow\nconstruction to proceed pending the determination of the fee and damages, if\nany.\n\nHISTORY: 2006, c. 383.","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}}