{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-259.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-259.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-259.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-259.html"}],"law_id":79586,"edition_id":1,"section_id":79586,"structure_id":15336,"section_number":"56-259","catch_line":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","history":"Code 1919, \u00a7 4062; 1964, c. 523; 1968, c. 534; 1972, c. 519; 1979, c. 309; 2001, cc. 745, 752; 2009, c. 807.","full_text":"A\n\nAny corporation of the character mentioned in this chapter or in Chapter 2 (§ 56-49 et seq.) may contract with any person or corporation, the owner of lands, or of any interest, franchise, privilege, or easement therein, over, under, or through which any pipeline transmitting petroleum products or natural gas, power or telephone line, sewer or water main or similar works is to be constructed, for the right-of-way for such line, sewer, main or works, and for sufficient land for its necessary offices, plant, or plants, works, stations and structures. All such contracts shall specify with reasonable particularity and definiteness the location of such easement of right-of-way; provided, however, that this provision shall not apply to contracts between any such corporation and any political subdivision of this Commonwealth, but any such corporation shall provide the location of its facilities on land owned by such a political subdivision upon request of such political subdivision.B\n\nThe location of any easement of right-of-way of any public service corporation shall be as specified in the instrument by which such easement was conveyed to such public service corporation; provided that, with respect to all such easements granted after December 31, 1968, if such location is not specified by metes and bounds or by reference to a center line or survey line showing courses and distances from some ascertainable point of beginning, the location of such easement shall be determined by reference to the facilities constructed thereon, and the center line of those facilities shall be the center line of the easement.C\n\nPrior to acquiring any easement of right-of-way, public service corporations will consider the feasibility of locating such facilities on, over, or under existing easements of rights-of-way. In the event any public service corporation owning a right-of-way shall deny a request of any other public service corporation for joint use of that right-of-way, the corporation whose request is denied shall have the right, within thirty days after the denial to apply to the Commission for an order requiring such joint use. The Commission shall conduct a hearing on such application and shall direct the corporation owning the right-of-way to allow joint use if the Commission finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission may establish the terms and conditions for such joint use, including, without limitation, a requirement of compensation by the utility making the request to the utility owning the right-of-way, if the Commission finds such a requirement to be appropriate.D\n\nIn any case involving an application for a certificate pursuant to § 56-265.2, the governing body of each locality in which a gas pipeline or electrical transmission line would be located shall have the right to request the Commission to consider directing a joint use of right-of-way within that locality pursuant to the standards in subsection C of this section, provided that the governing body shall file its request no later than the date for public comment on the application established by the Commission.E\n\nA renewable generator, as defined in § 56-614, should where feasible locate distribution facilities, as defined in § 56-614, that are required to connect its renewable energy facility that generates electricity to the electric distribution grid, to distribute steam generated at such facility, or to distribute its landfill gas to customers or a natural gas distribution or transmission pipeline, as applicable, on, over, or under existing easements of rights-of-way of a public service corporation. The renewable generator shall request joint use of the right-of-way from the public service corporation that owns the easement of right-of-way and shall offer to enter into an agreement that will specify the terms and conditions, including rental, under which such joint use will occur. The compensation to be paid to the public service corporation for such joint use shall be as negotiated between the public service corporation and the renewable generator. If any public service corporation owning an easement of right-of-way shall deny a request for the joint use of that right-of-way, the renewable generator shall have the right, exercisable within 30 days after the denial, to apply to the Commission for an order requiring such joint use. The Commission shall conduct a hearing on such application and shall direct the public service corporation owning the easement of right-of-way to allow joint use if the Commission finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission may establish the terms and conditions for such joint use, including, without limitation, the rental compensation that the renewable generator shall pay to the public service corporation owning the easement of right-of-way. The provisions of this subsection shall not apply to railroads.","order_by":null,"text":{"0":{"id":285157,"text":"Any corporation of the character mentioned in this chapter or in Chapter 2 (§ 56-49 et seq.) may contract with any person or corporation, the owner of lands, or of any interest, franchise, privilege, or easement therein, over, under, or through which any pipeline transmitting petroleum products or natural gas, power or telephone line, sewer or water main or similar works is to be constructed, for the right-of-way for such line, sewer, main or works, and for sufficient land for its necessary offices, plant, or plants, works, stations and structures. All such contracts shall specify with reasonable particularity and definiteness the location of such easement of right-of-way; provided, however, that this provision shall not apply to contracts between any such corporation and any political subdivision of this Commonwealth, but any such corporation shall provide the location of its facilities on land owned by such a political subdivision upon request of such political subdivision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285158,"text":"The location of any easement of right-of-way of any public service corporation shall be as specified in the instrument by which such easement was conveyed to such public service corporation; provided that, with respect to all such easements granted after December 31, 1968, if such location is not specified by metes and bounds or by reference to a center line or survey line showing courses and distances from some ascertainable point of beginning, the location of such easement shall be determined by reference to the facilities constructed thereon, and the center line of those facilities shall be the center line of the easement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285159,"text":"Prior to acquiring any easement of right-of-way, public service corporations will consider the feasibility of locating such facilities on, over, or under existing easements of rights-of-way. In the event any public service corporation owning a right-of-way shall deny a request of any other public service corporation for joint use of that right-of-way, the corporation whose request is denied shall have the right, within thirty days after the denial to apply to the Commission for an order requiring such joint use. The Commission shall conduct a hearing on such application and shall direct the corporation owning the right-of-way to allow joint use if the Commission finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission may establish the terms and conditions for such joint use, including, without limitation, a requirement of compensation by the utility making the request to the utility owning the right-of-way, if the Commission finds such a requirement to be appropriate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285160,"text":"In any case involving an application for a certificate pursuant to § 56-265.2, the governing body of each locality in which a gas pipeline or electrical transmission line would be located shall have the right to request the Commission to consider directing a joint use of right-of-way within that locality pursuant to the standards in subsection C of this section, provided that the governing body shall file its request no later than the date for public comment on the application established by the Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285161,"text":"A renewable generator, as defined in § 56-614, should where feasible locate distribution facilities, as defined in § 56-614, that are required to connect its renewable energy facility that generates electricity to the electric distribution grid, to distribute steam generated at such facility, or to distribute its landfill gas to customers or a natural gas distribution or transmission pipeline, as applicable, on, over, or under existing easements of rights-of-way of a public service corporation. The renewable generator shall request joint use of the right-of-way from the public service corporation that owns the easement of right-of-way and shall offer to enter into an agreement that will specify the terms and conditions, including rental, under which such joint use will occur. The compensation to be paid to the public service corporation for such joint use shall be as negotiated between the public service corporation and the renewable generator. If any public service corporation owning an easement of right-of-way shall deny a request for the joint use of that right-of-way, the renewable generator shall have the right, exercisable within 30 days after the denial, to apply to the Commission for an order requiring such joint use. The Commission shall conduct a hearing on such application and shall direct the public service corporation owning the easement of right-of-way to allow joint use if the Commission finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission may establish the terms and conditions for such joint use, including, without limitation, the rental compensation that the renewable generator shall pay to the public service corporation owning the easement of right-of-way. The provisions of this subsection shall not apply to railroads.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15336,"edition_id":1,"name":"Pipelines and Other Works","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13238,"metadata":{},"date_created":"2026-06-26 03:54:03","date_modified":"2026-06-26 03:54:03","permalink":{"id":249035,"object_type":"structure","relational_id":15336,"identifier":"5","token":"56\/10\/5","url":"\/56\/10\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13238,"edition_id":1,"name":"Heat, Light, Power, Water and Other Utility Companies Generally","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":248721,"object_type":"structure","relational_id":13238,"identifier":"10","token":"56\/10","url":"\/56\/10\/","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":86555,"structure_id":15336,"section_number":"56-257","catch_line":"Manner of installing underground utility lines","url":"\/56-257\/","token":"56\/10\/5\/56-257","metadata":false},{"id":61480,"structure_id":15336,"section_number":"56-257.1","catch_line":"Means of locating nonmetallic underground conduits","url":"\/56-257.1\/","token":"56\/10\/5\/56-257.1","metadata":false},{"id":72279,"structure_id":15336,"section_number":"56-257.2","catch_line":"Gas pipeline safety","url":"\/56-257.2\/","token":"56\/10\/5\/56-257.2","metadata":false},{"id":60030,"structure_id":15336,"section_number":"56-257.2:1","catch_line":"Projects presenting material risk to public safety; licensed professional engineers; regulations","url":"\/56-257.2_1\/","token":"56\/10\/5\/56-257.2_1","metadata":false},{"id":87245,"structure_id":15336,"section_number":"56-257.3","catch_line":"Repealed","url":"\/56-257.3\/","token":"56\/10\/5\/56-257.3","metadata":false},{"id":58377,"structure_id":15336,"section_number":"56-257.4","catch_line":"Report by the State Corporation Commission on investigation of natural gas utilities incident","url":"\/56-257.4\/","token":"56\/10\/5\/56-257.4","metadata":false},{"id":59346,"structure_id":15336,"section_number":"56-257.5","catch_line":"Manner of installing underground utility lines through agricultural operation","url":"\/56-257.5\/","token":"56\/10\/5\/56-257.5","metadata":false},{"id":67342,"structure_id":15336,"section_number":"56-258","catch_line":"Who to permit laying of pipelines in roads","url":"\/56-258\/","token":"56\/10\/5\/56-258","metadata":false},{"id":79586,"structure_id":15336,"section_number":"56-259","catch_line":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","url":"\/56-259\/","token":"56\/10\/5\/56-259","metadata":false},{"id":68525,"structure_id":15336,"section_number":"56-259.1","catch_line":"Instruments conveying easements to public service corporations","url":"\/56-259.1\/","token":"56\/10\/5\/56-259.1","metadata":false},{"id":84814,"structure_id":15336,"section_number":"56-260","catch_line":"Compensation for damages","url":"\/56-260\/","token":"56\/10\/5\/56-260","metadata":false},{"id":58402,"structure_id":15336,"section_number":"56-260.1","catch_line":"Contract provisions exempting company from liability unlawful","url":"\/56-260.1\/","token":"56\/10\/5\/56-260.1","metadata":false}],"previous_section":{"id":67342,"structure_id":15336,"section_number":"56-258","catch_line":"Who to permit laying of pipelines in roads","url":"\/56-258\/","token":"56\/10\/5\/56-258","metadata":false},"next_section":{"id":68525,"structure_id":15336,"section_number":"56-259.1","catch_line":"Instruments conveying easements to public service corporations","url":"\/56-259.1\/","token":"56\/10\/5\/56-259.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-259\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1964, chapter 523; in 1968, chapter 534; in 1972, chapter 519; in 1979, chapter 309; in 2001, chapters 745<\/a> and 752<\/a>; in 2009, chapter 807<\/a>.<\/p>","references":[{"id":60074,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","order_by":null,"url":"\/10.1-1197.8\/"},{"id":84814,"section_number":"56-260","catch_line":"Compensation for damages","order_by":null,"url":"\/56-260\/"}],"refers_to":[{"id":75556,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","order_by":null,"url":"\/56-265.2\/"},{"id":54611,"section_number":"56-49","catch_line":"Powers","order_by":null,"url":"\/56-49\/"},{"id":57707,"section_number":"56-614","catch_line":" Definitions","order_by":null,"url":"\/56-614\/"}],"permalink":{"id":249069,"object_type":"law","relational_id":79586,"identifier":"56-259","token":"56\/10\/5\/56-259","url":"\/56-259\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-259\/","token":"56\/10\/5\/56-259","dublin_core":{"Title":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-259","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any corporation<\/span> of the character mentioned in this chapter or in Chapter 2 (§ 56-49<\/a> et seq.) may contract<\/span> with any person<\/span> or corporation<\/span>, the owner of lands, or of any interest, franchise, privilege<\/span>, or easement therein, over, under, or through which any pipeline transmitting petroleum products or natural gas, power or telephone line, sewer or water main or similar works is to be constructed, for the right-of-way for such line, sewer, main or works, and for sufficient land for its necessary offices, plant, or plants, works, stations and structures. All such contracts<\/span> shall specify with reasonable particularity and definiteness the location of such easement of right-of-way; provided, however, that this provision shall not apply to contracts<\/span> between any such corporation<\/span> and any political subdivision of this Commonwealth, but any such corporation<\/span> shall provide the location of its facilities on land owned by such a political subdivision upon request of such political subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The location of any easement of right-of-way of any public service corporation<\/span> shall be as specified in the instrument by which such easement was conveyed to such public service corporation<\/span>; provided that, with respect to all such easements granted after December 31, 1968, if such location is not specified by metes and bounds or by reference to a center line or survey line showing courses and distances from some ascertainable point of beginning, the location of such easement shall be determined by reference to the facilities constructed thereon, and the center line of those facilities shall be the center line of the easement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to acquiring any easement of right-of-way, public service corporations<\/span> will consider the feasibility of locating such facilities on, over, or under existing easements of rights-of-way. In the event any public service corporation<\/span> owning a right-of-way shall deny a request of any other public service corporation<\/span> for joint use of that right-of-way, the corporation whose request is denied shall have the right, within thirty days after the denial to apply to the Commission<\/span> for an order<\/span> requiring such joint use. The Commission<\/span> shall conduct a hearing<\/span> on such application and shall direct the corporation owning the right-of-way to allow joint use if the Commission<\/span> finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission<\/span> may establish the terms and conditions for such joint use, including, without limitation, a requirement of compensation by the utility making the request to the utility owning the right-of-way, if the Commission<\/span> finds such a requirement to be appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case involving an application for a certificate pursuant to § 56-265.2<\/a>, the governing body of each locality in which a gas pipeline or electrical transmission line would be located shall have the right to request the Commission<\/span> to consider directing a joint use of right-of-way within that locality pursuant to the standards in subsection C of this section, provided that the governing body shall file its request no later than the date for public comment on the application established by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A renewable generator, as defined in § 56-614<\/a>, should where feasible locate distribution facilities, as defined in § 56-614<\/a>, that are required to connect its renewable energy facility that generates electricity to the electric distribution grid, to distribute steam generated at such facility, or to distribute its landfill gas to customers or a natural gas distribution or transmission pipeline, as applicable, on, over, or under existing easements of rights-of-way of a public service corporation<\/span>. The renewable generator shall request joint use of the right-of-way from the public service corporation<\/span> that owns the easement of right-of-way and shall offer to enter into an agreement that will specify the terms and conditions, including rental, under which such joint use will occur. The compensation to be paid to the public service corporation<\/span> for such joint use shall be as negotiated between the public service corporation<\/span> and the renewable generator. If any public service corporation<\/span> owning an easement of right-of-way shall deny a request for the joint use of that right-of-way, the renewable generator shall have the right, exercisable within 30 days after the denial, to apply to the Commission<\/span> for an order<\/span> requiring such joint use. The Commission<\/span> shall conduct a hearing<\/span> on such application and shall direct the public service corporation<\/span> owning the easement of right-of-way to allow joint use if the Commission<\/span> finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission<\/span> may establish the terms and conditions for such joint use, including, without limitation, the rental compensation that the renewable generator shall pay to the public service corporation<\/span> owning the easement of right-of-way. The provisions of this subsection shall not apply to railroads<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n RIGHTS-OF-WAY, ETC., MAY BE CONTRACTED FOR; LOCATION OF EASEMENTS OF PUBLIC\nSERVICE CORPORATIONS (\u00a7 56-259)\n\nA. Any corporation of the character mentioned in this chapter or in Chapter 2\n(§ 56-49 et seq.) may contract with any person or corporation, the owner of\nlands, or of any interest, franchise, privilege, or easement therein, over,\nunder, or through which any pipeline transmitting petroleum products or natural\ngas, power or telephone line, sewer or water main or similar works is to be\nconstructed, for the right-of-way for such line, sewer, main or works, and for\nsufficient land for its necessary offices, plant, or plants, works, stations and\nstructures. All such contracts shall specify with reasonable particularity and\ndefiniteness the location of such easement of right-of-way; provided, however,\nthat this provision shall not apply to contracts between any such corporation\nand any political subdivision of this Commonwealth, but any such corporation\nshall provide the location of its facilities on land owned by such a political\nsubdivision upon request of such political subdivision.\n\nB. The location of any easement of right-of-way of any public service\ncorporation shall be as specified in the instrument by which such easement was\nconveyed to such public service corporation; provided that, with respect to all\nsuch easements granted after December 31, 1968, if such location is not\nspecified by metes and bounds or by reference to a center line or survey line\nshowing courses and distances from some ascertainable point of beginning, the\nlocation of such easement shall be determined by reference to the facilities\nconstructed thereon, and the center line of those facilities shall be the center\nline of the easement.\n\nC. Prior to acquiring any easement of right-of-way, public service corporations\nwill consider the feasibility of locating such facilities on, over, or under\nexisting easements of rights-of-way. In the event any public service corporation\nowning a right-of-way shall deny a request of any other public service\ncorporation for joint use of that right-of-way, the corporation whose request is\ndenied shall have the right, within thirty days after the denial to apply to the\nCommission for an order requiring such joint use. The Commission shall conduct a\nhearing on such application and shall direct the corporation owning the\nright-of-way to allow joint use if the Commission finds that such joint use is\nreasonable and that the present or future public utility service of such\ncorporation will not be adversely affected by such joint use. In making such\ndetermination, the Commission may establish the terms and conditions for such\njoint use, including, without limitation, a requirement of compensation by the\nutility making the request to the utility owning the right-of-way, if the\nCommission finds such a requirement to be appropriate.\n\nD. In any case involving an application for a certificate pursuant to §\n56-265.2, the governing body of each locality in which a gas pipeline or\nelectrical transmission line would be located shall have the right to request\nthe Commission to consider directing a joint use of right-of-way within that\nlocality pursuant to the standards in subsection C of this section, provided\nthat the governing body shall file its request no later than the date for public\ncomment on the application established by the Commission.\n\nE. A renewable generator, as defined in § 56-614, should where feasible\nlocate distribution facilities, as defined in § 56-614, that are required\nto connect its renewable energy facility that generates electricity to the\nelectric distribution grid, to distribute steam generated at such facility, or\nto distribute its landfill gas to customers or a natural gas distribution or\ntransmission pipeline, as applicable, on, over, or under existing easements of\nrights-of-way of a public service corporation. The renewable generator shall\nrequest joint use of the right-of-way from the public service corporation that\nowns the easement of right-of-way and shall offer to enter into an agreement\nthat will specify the terms and conditions, including rental, under which such\njoint use will occur. The compensation to be paid to the public service\ncorporation for such joint use shall be as negotiated between the public service\ncorporation and the renewable generator. If any public service corporation\nowning an easement of right-of-way shall deny a request for the joint use of\nthat right-of-way, the renewable generator shall have the right, exercisable\nwithin 30 days after the denial, to apply to the Commission for an order\nrequiring such joint use. The Commission shall conduct a hearing on such\napplication and shall direct the public service corporation owning the easement\nof right-of-way to allow joint use if the Commission finds that such joint use\nis reasonable and that the present or future public utility service of such\ncorporation will not be adversely affected by such joint use. In making such\ndetermination, the Commission may establish the terms and conditions for such\njoint use, including, without limitation, the rental compensation that the\nrenewable generator shall pay to the public service corporation owning the\neasement of right-of-way. The provisions of this subsection shall not apply to\nrailroads.\n\nHISTORY: Code 1919, \u00a7 4062; 1964, c. 523; 1968, c. 534; 1972, c. 519; 1979, c.\n309; 2001, cc. 745, 752; 2009, c. 807.","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}}