{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-429.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-429.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-429.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-429.html"}],"law_id":54246,"edition_id":1,"section_id":54246,"structure_id":13245,"section_number":"56-429","catch_line":"Company to erect fences along roadbed; cattle guards, etc","history":"Code 1919, \u00a7 3946; 1994, c. 352.","full_text":"Upon the written request by certified mail to the registered agent of the railroad in question of any landowner whose land adjoins the railroad and whose land is otherwise enclosed for the purpose of maintaining livestock, every railroad company shall cause fences to be erected along its line and on both sides of its roadbed and shall keep such fences in proper repair. Such fence shall be adequate to enclose livestock. The owners of adjoining lands may connect their fences with such fences at such places as they may deem proper. In erecting such fences the company shall, at the termini of those portions of the roadbed which it is required to fence, and on each side of all public and private crossings, construct across its roadbed and keep in good repair cattle guards reasonably sufficient to turn all kinds of livestock, with which its fences shall be connected. Such cattle guards at private crossings may be dispensed with if the company erects sufficient gates and maintains them in good order.\n\t\tSuch fences shall be constructed on the request of the landowner, in writing, by certified mail, to the registered agent of such railroad. If the company refuses or fails, for 180 days after such request, to construct or maintain the fences at the place designated, the owner, having given ten days’ notice in writing to such registered agent, may apply to the circuit court of the county or city in which any such point is located for the appointment of three disinterested freeholders, whose duty it shall be to go on the land and determine whether the proposed fence shall be constructed. Their decision shall be in writing, and shall be forthwith returned to and filed in the office of the clerk of such court. If such decision is that the fence ought to be constructed, the company shall, within sixty days thereafter, construct the same. Upon its failure so to do, it shall pay to the landowner fifty dollars for every day of such failure. Any style of fence approved by the State Corporation Commission shall, if properly constructed and maintained, be deemed a sufficient fence within the meaning of this chapter. Any delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies or failure of any local, state, or federal governmental agencies to grant permits shall extend the aforesaid period.\n\t\tAny such company may erect gates or bars instead of the cattle guards required by this section, if, in the judgment of the company, the hazard to trains at such crossings requires gates or bars as a safeguard to life and property on the trains. If such fence, cattle guard or gate is destroyed or damaged due to the negligence of the landowner, the landowner shall be solely responsible for restoring or repairing such fence, cattle guard or gate.\n\t\tThe circuit court of the county or city wherein any such fence or cattle guard, or any portion thereof, is to be erected or built pursuant to this section shall have jurisdiction through its power to grant equitable relief to compel the erection of any such fence, or building of any such cattle guards along or adjoining lands or lots actually enclosed.","order_by":null,"text":{"0":{"id":199192,"text":"Upon the written request by certified mail to the registered agent of the railroad in question of any landowner whose land adjoins the railroad and whose land is otherwise enclosed for the purpose of maintaining livestock, every railroad company shall cause fences to be erected along its line and on both sides of its roadbed and shall keep such fences in proper repair. Such fence shall be adequate to enclose livestock. The owners of adjoining lands may connect their fences with such fences at such places as they may deem proper. In erecting such fences the company shall, at the termini of those portions of the roadbed which it is required to fence, and on each side of all public and private crossings, construct across its roadbed and keep in good repair cattle guards reasonably sufficient to turn all kinds of livestock, with which its fences shall be connected. Such cattle guards at private crossings may be dispensed with if the company erects sufficient gates and maintains them in good order.\n\t\tSuch fences shall be constructed on the request of the landowner, in writing, by certified mail, to the registered agent of such railroad. If the company refuses or fails, for 180 days after such request, to construct or maintain the fences at the place designated, the owner, having given ten days’ notice in writing to such registered agent, may apply to the circuit court of the county or city in which any such point is located for the appointment of three disinterested freeholders, whose duty it shall be to go on the land and determine whether the proposed fence shall be constructed. Their decision shall be in writing, and shall be forthwith returned to and filed in the office of the clerk of such court. If such decision is that the fence ought to be constructed, the company shall, within sixty days thereafter, construct the same. Upon its failure so to do, it shall pay to the landowner fifty dollars for every day of such failure. Any style of fence approved by the State Corporation Commission shall, if properly constructed and maintained, be deemed a sufficient fence within the meaning of this chapter. Any delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies or failure of any local, state, or federal governmental agencies to grant permits shall extend the aforesaid period.\n\t\tAny such company may erect gates or bars instead of the cattle guards required by this section, if, in the judgment of the company, the hazard to trains at such crossings requires gates or bars as a safeguard to life and property on the trains. If such fence, cattle guard or gate is destroyed or damaged due to the negligence of the landowner, the landowner shall be solely responsible for restoring or repairing such fence, cattle guard or gate.\n\t\tThe circuit court of the county or city wherein any such fence or cattle guard, or any portion thereof, is to be erected or built pursuant to this section shall have jurisdiction through its power to grant equitable relief to compel the erection of any such fence, or building of any such cattle guards along or adjoining lands or lots actually enclosed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13245,"edition_id":1,"name":"Rights-Of-Way; Fires; Fences; Cattle Guards, Etc","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12995,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":249731,"object_type":"structure","relational_id":13245,"identifier":"8","token":"56\/13\/8","url":"\/56\/13\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12995,"edition_id":1,"name":"Railroad Corporations","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":249439,"object_type":"structure","relational_id":12995,"identifier":"13","token":"56\/13","url":"\/56\/13\/","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":66439,"structure_id":13245,"section_number":"56-426","catch_line":"Repealed","url":"\/56-426\/","token":"56\/13\/8\/56-426","metadata":false},{"id":77428,"structure_id":13245,"section_number":"56-426.1","catch_line":"Repealed","url":"\/56-426.1\/","token":"56\/13\/8\/56-426.1","metadata":false},{"id":86953,"structure_id":13245,"section_number":"56-427","catch_line":"Repealed","url":"\/56-427\/","token":"56\/13\/8\/56-427","metadata":false},{"id":69365,"structure_id":13245,"section_number":"56-428","catch_line":"Railroads liable for damage from fires set out by their engines or trains","url":"\/56-428\/","token":"56\/13\/8\/56-428","metadata":false},{"id":54246,"structure_id":13245,"section_number":"56-429","catch_line":"Company to erect fences along roadbed; cattle guards, etc","url":"\/56-429\/","token":"56\/13\/8\/56-429","metadata":false},{"id":65902,"structure_id":13245,"section_number":"56-430","catch_line":"Construction of \u00a7 56-429; burden of proof","url":"\/56-430\/","token":"56\/13\/8\/56-430","metadata":false},{"id":82858,"structure_id":13245,"section_number":"56-431","catch_line":"When company not liable for injury on enclosed track","url":"\/56-431\/","token":"56\/13\/8\/56-431","metadata":false},{"id":57346,"structure_id":13245,"section_number":"56-432","catch_line":"Liability for injury on track not enclosed","url":"\/56-432\/","token":"56\/13\/8\/56-432","metadata":false},{"id":62520,"structure_id":13245,"section_number":"56-433","catch_line":"Cattle guards; remedy of aggrieved landowner; penalty","url":"\/56-433\/","token":"56\/13\/8\/56-433","metadata":false},{"id":86507,"structure_id":13245,"section_number":"56-434","catch_line":"When cattle guards may be discontinued","url":"\/56-434\/","token":"56\/13\/8\/56-434","metadata":false},{"id":75434,"structure_id":13245,"section_number":"56-435","catch_line":"Appeal from general district court to circuit court in cattle-guard cases","url":"\/56-435\/","token":"56\/13\/8\/56-435","metadata":false},{"id":79641,"structure_id":13245,"section_number":"56-436","catch_line":"Board of appraisers to appraise injured or killed livestock; duty of appraisers","url":"\/56-436\/","token":"56\/13\/8\/56-436","metadata":false},{"id":73321,"structure_id":13245,"section_number":"56-437","catch_line":"Effect of appraisal in case of suit; costs","url":"\/56-437\/","token":"56\/13\/8\/56-437","metadata":false},{"id":61986,"structure_id":13245,"section_number":"56-438","catch_line":"Fee of appraisers","url":"\/56-438\/","token":"56\/13\/8\/56-438","metadata":false},{"id":72154,"structure_id":13245,"section_number":"56-439","catch_line":"Application of \u00a7\u00a7 56-436 through 56-438","url":"\/56-439\/","token":"56\/13\/8\/56-439","metadata":false},{"id":66242,"structure_id":13245,"section_number":"56-439.1","catch_line":"Notice of injury or death of certain livestock; penalty","url":"\/56-439.1\/","token":"56\/13\/8\/56-439.1","metadata":false},{"id":56074,"structure_id":13245,"section_number":"56-440","catch_line":"Penalty for failure to remove cause of complaint in cities or towns","url":"\/56-440\/","token":"56\/13\/8\/56-440","metadata":false}],"previous_section":{"id":69365,"structure_id":13245,"section_number":"56-428","catch_line":"Railroads liable for damage from fires set out by their engines or trains","url":"\/56-428\/","token":"56\/13\/8\/56-428","metadata":false},"next_section":{"id":65902,"structure_id":13245,"section_number":"56-430","catch_line":"Construction of \u00a7 56-429; burden of proof","url":"\/56-430\/","token":"56\/13\/8\/56-430","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-429\/","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":[{"id":85022,"section_number":"55.1-2816","catch_line":"Application to railroad companies","order_by":null,"url":"\/55.1-2816\/"},{"id":65902,"section_number":"56-430","catch_line":"Construction of \u00a7 56-429; burden of proof","order_by":null,"url":"\/56-430\/"},{"id":86507,"section_number":"56-434","catch_line":"When cattle guards may be discontinued","order_by":null,"url":"\/56-434\/"},{"id":70532,"section_number":"56-6","catch_line":"Remedies of persons aggrieved by public service corporation's violation of law","order_by":null,"url":"\/56-6\/"}],"refers_to":false,"permalink":{"id":249749,"object_type":"law","relational_id":54246,"identifier":"56-429","token":"56\/13\/8\/56-429","url":"\/56-429\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-429\/","token":"56\/13\/8\/56-429","dublin_core":{"Title":"Company to erect fences along roadbed; cattle guards, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-429","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the written request by certified mail<\/span> to the registered agent of the railroad in question of any landowner whose land adjoins the railroad and whose land is otherwise enclosed for the purpose of maintaining livestock, every railroad company<\/span> shall cause fences to be erected along its line and on both sides of its roadbed and shall keep such fences in proper repair. Such fence shall be adequate to enclose livestock. The owners of adjoining lands may connect their fences with such fences at such places as they may deem proper. In erecting such fences the company shall, at the termini of those portions of the roadbed which it is required to fence, and on each side of all public and private crossings, construct across its roadbed and keep in good repair cattle guards reasonably sufficient to turn all kinds of livestock, with which its fences shall be connected. Such cattle guards at private crossings may be dispensed with if the company erects sufficient gates and maintains them in good order<\/span>.\n\t\tSuch fences shall be constructed on the request of the landowner, in writing, by certified mail<\/span>, to the registered agent of such railroad. If the company refuses or fails, for 180 days after such request, to construct or maintain the fences at the place designated, the owner, having given ten days’ notice in writing to such registered agent, may apply to the circuit<\/span> court<\/span> of the county or city in which any such point is located for the appointment of three disinterested freeholders<\/span>, whose duty it shall be to go on the land and determine whether the proposed fence shall be constructed. Their decision shall be in writing, and shall be forthwith returned to and filed in the office of the clerk of such court<\/span>. If such decision is that the fence ought to be constructed, the company shall, within sixty days thereafter, construct the same. Upon its failure so to do, it shall pay to the landowner fifty dollars for every day of such failure. Any style of fence approved by the State Corporation<\/span> Commission<\/span> shall, if properly constructed and maintained, be deemed a sufficient fence within the meaning of this chapter. Any delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies or failure of any local, state, or federal governmental agencies to grant permits shall extend the aforesaid period.\n\t\tAny such company may erect gates or bars instead of the cattle guards required by this section, if, in the judgment<\/span> of the company, the hazard to trains at such crossings requires gates or bars as a safeguard to life and property on the trains. If such fence, cattle guard or gate is destroyed or damaged due to the negligence<\/span> of the landowner, the landowner shall be solely responsible for restoring or repairing such fence, cattle guard or gate.\n\t\tThe circuit<\/span> court<\/span> of the county or city wherein any such fence or cattle guard, or any portion thereof, is to be erected or built pursuant to this section shall have jurisdiction<\/span> through its power to grant equitable<\/span> relief to compel the erection of any such fence, or building of any such cattle guards along or adjoining lands or lots actually enclosed.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPANY TO ERECT FENCES ALONG ROADBED; CATTLE GUARDS, ETC (\u00a7 56-429)\n\nUpon the written request by certified mail to the registered agent of the\nrailroad in question of any landowner whose land adjoins the railroad and whose\nland is otherwise enclosed for the purpose of maintaining livestock, every\nrailroad company shall cause fences to be erected along its line and on both\nsides of its roadbed and shall keep such fences in proper repair. Such fence\nshall be adequate to enclose livestock. The owners of adjoining lands may\nconnect their fences with such fences at such places as they may deem proper. In\nerecting such fences the company shall, at the termini of those portions of the\nroadbed which it is required to fence, and on each side of all public and\nprivate crossings, construct across its roadbed and keep in good repair cattle\nguards reasonably sufficient to turn all kinds of livestock, with which its\nfences shall be connected. Such cattle guards at private crossings may be\ndispensed with if the company erects sufficient gates and maintains them in good\norder.\n\t\tSuch fences shall be constructed on the request of the landowner, in writing,\nby certified mail, to the registered agent of such railroad. If the company\nrefuses or fails, for 180 days after such request, to construct or maintain the\nfences at the place designated, the owner, having given ten days’ notice\nin writing to such registered agent, may apply to the circuit court of the\ncounty or city in which any such point is located for the appointment of three\ndisinterested freeholders, whose duty it shall be to go on the land and\ndetermine whether the proposed fence shall be constructed. Their decision shall\nbe in writing, and shall be forthwith returned to and filed in the office of the\nclerk of such court. If such decision is that the fence ought to be constructed,\nthe company shall, within sixty days thereafter, construct the same. Upon its\nfailure so to do, it shall pay to the landowner fifty dollars for every day of\nsuch failure. Any style of fence approved by the State Corporation Commission\nshall, if properly constructed and maintained, be deemed a sufficient fence\nwithin the meaning of this chapter. Any delay in construction or maintenance\ncaused by inclement weather, war, strikes, acts of God, national emergencies or\nfailure of any local, state, or federal governmental agencies to grant permits\nshall extend the aforesaid period.\n\t\tAny such company may erect gates or bars instead of the cattle guards required\nby this section, if, in the judgment of the company, the hazard to trains at\nsuch crossings requires gates or bars as a safeguard to life and property on the\ntrains. If such fence, cattle guard or gate is destroyed or damaged due to the\nnegligence of the landowner, the landowner shall be solely responsible for\nrestoring or repairing such fence, cattle guard or gate.\n\t\tThe circuit court of the county or city wherein any such fence or cattle\nguard, or any portion thereof, is to be erected or built pursuant to this\nsection shall have jurisdiction through its power to grant equitable relief to\ncompel the erection of any such fence, or building of any such cattle guards\nalong or adjoining lands or lots actually enclosed.\n\nHISTORY: Code 1919, \u00a7 3946; 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}}