{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-16.html"}],"law_id":71022,"edition_id":1,"section_id":71022,"structure_id":13587,"section_number":"56-16","catch_line":"Wagonways to be constructed across roads, railroads, canals, and other works; enforcement","history":"Code 1919, \u00a7 3883; 1994, c. 352.","full_text":"For the purpose of this section, “wagonway” means a vehicular crossing adequate to permit the passage of machinery and vehicles used for agricultural or forestal purposes, including but not limited to the transportation of agricultural and forestal products to markets. Every public service corporation whose road, railroad, canal, or works passes through the lands of any person in this Commonwealth shall provide and maintain proper and suitable wagonways across such road, railroad, canal, or other works, from one part of such land to the other, and shall keep such wagonways in good repair. Such wagonways shall be constructed and maintained on the request of the landowner, in writing, by certified mail, made to the registered agent for the corporation owning such road, railroad, canal, or other works at that point, and shall designate the points at which the wagonways are desired. If the company fails or refuses for ninety days after such request to construct and maintain wagonways of a convenient and proper character at the places designated, then the owner may apply to the circuit court of the county or city wherein such land is located for the appointment of three disinterested persons whose lands do not abut on such road, railroad, canal, or other works, who shall constitute a board of commissioners whose duty it shall be to go upon the land and determine whether the requested wagonways should be constructed and maintained.\n\t\tAny delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies, or failure of any local, state, or federal government agencies to grant permits shall extend the aforesaid period. The decision of such board shall be in writing and, if favorable to the landowner, shall set forth the points at which the wagonways should be constructed and maintained, giving also a description of what should be done by the company to make and maintain a suitable and convenient wagonway. The decision of the board of commissioners shall be returned to, and filed in, the clerk’s office of such court, and when called up at the next or any succeeding term of such court, it shall be confirmed, unless good cause is shown against it by the company. Either party shall have the right of appeal to the Supreme Court from the judgment of the court. If the company fails, within a reasonable time fixed by the court at the time of the confirmation of a report favorable to the landowner, to make and maintain the wagonways therein referred to, it shall pay the landowner fifty dollars for each day of such failure, which may be recovered on motion by the landowner against the company, in the circuit court of the county or city wherein such land is located having jurisdiction to try the same. The commissioners shall each receive for their services the sum of fifty dollars per day, to be taxed as a part of the costs of the proceeding.\n\t\tOnce the right to such wagonway has been established, should the railroad change the grade of any portion of the tracks across which such wagonway passes, it shall be the duty of the railroad to make whatever reasonable modifications of the wagonway are necessary within the railroad right-of-way to permit the passage of the aforesaid machinery and vehicles.","order_by":null,"text":{"0":{"id":256080,"text":"For the purpose of this section, “wagonway” means a vehicular crossing adequate to permit the passage of machinery and vehicles used for agricultural or forestal purposes, including but not limited to the transportation of agricultural and forestal products to markets. Every public service corporation whose road, railroad, canal, or works passes through the lands of any person in this Commonwealth shall provide and maintain proper and suitable wagonways across such road, railroad, canal, or other works, from one part of such land to the other, and shall keep such wagonways in good repair. Such wagonways shall be constructed and maintained on the request of the landowner, in writing, by certified mail, made to the registered agent for the corporation owning such road, railroad, canal, or other works at that point, and shall designate the points at which the wagonways are desired. If the company fails or refuses for ninety days after such request to construct and maintain wagonways of a convenient and proper character at the places designated, then the owner may apply to the circuit court of the county or city wherein such land is located for the appointment of three disinterested persons whose lands do not abut on such road, railroad, canal, or other works, who shall constitute a board of commissioners whose duty it shall be to go upon the land and determine whether the requested wagonways should be constructed and maintained.\n\t\tAny delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies, or failure of any local, state, or federal government agencies to grant permits shall extend the aforesaid period. The decision of such board shall be in writing and, if favorable to the landowner, shall set forth the points at which the wagonways should be constructed and maintained, giving also a description of what should be done by the company to make and maintain a suitable and convenient wagonway. The decision of the board of commissioners shall be returned to, and filed in, the clerk’s office of such court, and when called up at the next or any succeeding term of such court, it shall be confirmed, unless good cause is shown against it by the company. Either party shall have the right of appeal to the Supreme Court from the judgment of the court. If the company fails, within a reasonable time fixed by the court at the time of the confirmation of a report favorable to the landowner, to make and maintain the wagonways therein referred to, it shall pay the landowner fifty dollars for each day of such failure, which may be recovered on motion by the landowner against the company, in the circuit court of the county or city wherein such land is located having jurisdiction to try the same. The commissioners shall each receive for their services the sum of fifty dollars per day, to be taxed as a part of the costs of the proceeding.\n\t\tOnce the right to such wagonway has been established, should the railroad change the grade of any portion of the tracks across which such wagonway passes, it shall be the duty of the railroad to make whatever reasonable modifications of the wagonway are necessary within the railroad right-of-way to permit the passage of the aforesaid machinery and vehicles.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-16\/","history_text":"

The record of this law\u2019s original creation isn\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 1994, chapter 352<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":248573,"object_type":"law","relational_id":71022,"identifier":"56-16","token":"56\/1\/4\/56-16","url":"\/56-16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-16\/","token":"56\/1\/4\/56-16","dublin_core":{"Title":"Wagonways to be constructed across roads, railroads, canals, and other works; enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the purpose of this section, “wagonway” means a vehicular crossing adequate to permit the passage of machinery and vehicles used for agricultural or forestal purposes, including but not limited to the transportation of agricultural and forestal products to markets. Every public service corporation<\/span> whose road, railroad<\/span>, canal, or works passes through the lands of any person<\/span> in this Commonwealth shall provide and maintain proper and suitable wagonways across such road, railroad<\/span>, canal, or other works, from one part of such land to the other, and shall keep such wagonways in good repair. Such wagonways shall be constructed and maintained on the request of the landowner, in writing, by certified mail<\/span>, made to the registered agent for the corporation owning such road, railroad<\/span>, canal, or other works at that point, and shall designate the points at which the wagonways are desired. If the company<\/span> fails or refuses for ninety days after such request to construct and maintain wagonways of a convenient and proper character at the places designated, then the owner may apply to the circuit<\/span> court<\/span> of the county or city wherein such land is located for the appointment of three disinterested persons<\/span> whose lands do not abut on such road, railroad<\/span>, canal, or other works, who shall constitute a board of commissioners whose duty it shall be to go upon the land and determine whether the requested wagonways should be constructed and maintained.\n\t\tAny delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies, or failure of any local, state, or federal government agencies to grant permits shall extend the aforesaid period. The decision of such board shall be in writing and, if favorable to the landowner, shall set forth the points at which the wagonways should be constructed and maintained, giving also a description of what should be done by the company<\/span> to make and maintain a suitable and convenient wagonway. The decision of the board of commissioners shall be returned to, and filed in, the clerk’s office of such court<\/span>, and when called up at the next or any succeeding term of such court<\/span>, it shall be confirmed, unless good cause is shown against it by the company<\/span>. Either party<\/span> shall have the right of appeal<\/span> to the Supreme Court<\/span> from the judgment<\/span> of the court<\/span>. If the company<\/span> fails, within a reasonable time fixed by the court<\/span> at the time of the confirmation of a report favorable to the landowner, to make and maintain the wagonways therein referred to, it shall pay the landowner fifty dollars for each day of such failure, which may be recovered on motion<\/span> by the landowner against the company<\/span>, in the circuit<\/span> court<\/span> of the county or city wherein such land is located having jurisdiction<\/span> to try the same. The commissioners shall each receive for their services the sum of fifty dollars per day, to be taxed as a part of the costs of the proceeding.\n\t\tOnce the right to such wagonway has been established, should the railroad<\/span> change the grade of any portion of the tracks across which such wagonway passes, it shall be the duty of the railroad<\/span> to make whatever reasonable modifications of the wagonway are necessary within the railroad<\/span> right-of-way to permit the passage of the aforesaid machinery and vehicles.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAGONWAYS TO BE CONSTRUCTED ACROSS ROADS, RAILROADS, CANALS, AND OTHER WORKS;\nENFORCEMENT (\u00a7 56-16)\n\nFor the purpose of this section, “wagonway” means a vehicular\ncrossing adequate to permit the passage of machinery and vehicles used for\nagricultural or forestal purposes, including but not limited to the\ntransportation of agricultural and forestal products to markets. Every public\nservice corporation whose road, railroad, canal, or works passes through the\nlands of any person in this Commonwealth shall provide and maintain proper and\nsuitable wagonways across such road, railroad, canal, or other works, from one\npart of such land to the other, and shall keep such wagonways in good repair.\nSuch wagonways shall be constructed and maintained on the request of the\nlandowner, in writing, by certified mail, made to the registered agent for the\ncorporation owning such road, railroad, canal, or other works at that point, and\nshall designate the points at which the wagonways are desired. If the company\nfails or refuses for ninety days after such request to construct and maintain\nwagonways of a convenient and proper character at the places designated, then\nthe owner may apply to the circuit court of the county or city wherein such land\nis located for the appointment of three disinterested persons whose lands do not\nabut on such road, railroad, canal, or other works, who shall constitute a board\nof commissioners whose duty it shall be to go upon the land and determine\nwhether the requested wagonways should be constructed and maintained.\n\t\tAny delay in construction or maintenance caused by inclement weather, war,\nstrikes, acts of God, national emergencies, or failure of any local, state, or\nfederal government agencies to grant permits shall extend the aforesaid period.\nThe decision of such board shall be in writing and, if favorable to the\nlandowner, shall set forth the points at which the wagonways should be\nconstructed and maintained, giving also a description of what should be done by\nthe company to make and maintain a suitable and convenient wagonway. The\ndecision of the board of commissioners shall be returned to, and filed in, the\nclerk’s office of such court, and when called up at the next or any\nsucceeding term of such court, it shall be confirmed, unless good cause is shown\nagainst it by the company. Either party shall have the right of appeal to the\nSupreme Court from the judgment of the court. If the company fails, within a\nreasonable time fixed by the court at the time of the confirmation of a report\nfavorable to the landowner, to make and maintain the wagonways therein referred\nto, it shall pay the landowner fifty dollars for each day of such failure, which\nmay be recovered on motion by the landowner against the company, in the circuit\ncourt of the county or city wherein such land is located having jurisdiction to\ntry the same. The commissioners shall each receive for their services the sum of\nfifty dollars per day, to be taxed as a part of the costs of the proceeding.\n\t\tOnce the right to such wagonway has been established, should the railroad\nchange the grade of any portion of the tracks across which such wagonway passes,\nit shall be the duty of the railroad to make whatever reasonable modifications\nof the wagonway are necessary within the railroad right-of-way to permit the\npassage of the aforesaid machinery and vehicles.\n\nHISTORY: Code 1919, \u00a7 3883; 1994, c. 352.","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}}