{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-430.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-430.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-430.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-430.html"}],"law_id":65902,"edition_id":1,"section_id":65902,"structure_id":13245,"section_number":"56-430","catch_line":"Construction of \u00a7 56-429; burden of proof","history":"Code 1919, \u00a7 3947.","full_text":"Section 56-429, so far as it relates to fencing, shall not apply to any part of a railroad located within the corporate limits of a city or town, or between the terminals of switches, or spur tracks, not exceeding 350 yards from the depot, either way, nor to any part of a railroad at a place where there is a cut or embankment with sides sufficiently steep to prevent the passage of stock at such place; nor in an action by an adjacent owner to recover for stock killed or injured on the track shall it apply to a company which has compensated the owner for making and keeping in repair the necessary fencing, but the burden of proving the fact of such compensation shall be on the company, and no report of any commissioners shall be received as proof thereof, unless it shall plainly appear on the face of the report, or from other evidence in connection therewith, that an estimate was made by such commissioners for the fencing, and the expense for the same entered into, and constituted a part of the damages reported and actually paid.","order_by":null,"text":{"0":{"id":239485,"text":"Section 56-429, so far as it relates to fencing, shall not apply to any part of a railroad located within the corporate limits of a city or town, or between the terminals of switches, or spur tracks, not exceeding 350 yards from the depot, either way, nor to any part of a railroad at a place where there is a cut or embankment with sides sufficiently steep to prevent the passage of stock at such place; nor in an action by an adjacent owner to recover for stock killed or injured on the track shall it apply to a company which has compensated the owner for making and keeping in repair the necessary fencing, but the burden of proving the fact of such compensation shall be on the company, and no report of any commissioners shall be received as proof thereof, unless it shall plainly appear on the face of the report, or from other evidence in connection therewith, that an estimate was made by such commissioners for the fencing, and the expense for the same entered into, and constituted a part of the damages reported and actually paid.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-430\/","history_text":false,"references":false,"refers_to":[{"id":54246,"section_number":"56-429","catch_line":"Company to erect fences along roadbed; cattle guards, etc","order_by":null,"url":"\/56-429\/"}],"permalink":{"id":249753,"object_type":"law","relational_id":65902,"identifier":"56-430","token":"56\/13\/8\/56-430","url":"\/56-430\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-430\/","token":"56\/13\/8\/56-430","dublin_core":{"Title":"Construction of \u00a7 56-429; burden of proof","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-430","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Section <a class=\"law\" title=\"Company to erect fences along roadbed; cattle guards, etc\" href=\"\/56-429\/\">56-429<\/a>, so far as it relates to fencing, shall not apply to any part of a <span class=\"dictionary\">railroad<\/span> located within the corporate limits of a city or town, or between the terminals of switches, or spur tracks, not exceeding 350 yards from the depot, either way, nor to any part of a <span class=\"dictionary\">railroad<\/span> at a place where there is a cut or embankment with sides sufficiently steep to prevent the passage of stock at such place; nor in an action by an adjacent owner to recover for stock killed or injured on the track shall it apply to a <span class=\"dictionary\">company<\/span> which has compensated the owner for making and keeping in repair the necessary fencing, but the burden of proving the <span class=\"dictionary\">fact<\/span> of such compensation shall be on the <span class=\"dictionary\">company<\/span>, and no report of any commissioners shall be received as proof thereof, unless it shall plainly appear on the face of the report, or from other <span class=\"dictionary\">evidence<\/span> in connection therewith, that an estimate was made by such commissioners for the fencing, and the expense for the same entered into, and constituted a part of the <span class=\"dictionary\">damages<\/span> reported and actually paid.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONSTRUCTION OF \u00a7 56-429; BURDEN OF PROOF (\u00a7 56-430)\n\nSection 56-429, so far as it relates to fencing, shall not apply to any part of\na railroad located within the corporate limits of a city or town, or between the\nterminals of switches, or spur tracks, not exceeding 350 yards from the depot,\neither way, nor to any part of a railroad at a place where there is a cut or\nembankment with sides sufficiently steep to prevent the passage of stock at such\nplace; nor in an action by an adjacent owner to recover for stock killed or\ninjured on the track shall it apply to a company which has compensated the owner\nfor making and keeping in repair the necessary fencing, but the burden of\nproving the fact of such compensation shall be on the company, and no report of\nany commissioners shall be received as proof thereof, unless it shall plainly\nappear on the face of the report, or from other evidence in connection\ntherewith, that an estimate was made by such commissioners for the fencing, and\nthe expense for the same entered into, and constituted a part of the damages\nreported and actually paid.\n\nHISTORY: Code 1919, \u00a7 3947.","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}}