{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-433.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-433.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-433.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-433.html"}],"law_id":62520,"edition_id":1,"section_id":62520,"structure_id":13245,"section_number":"56-433","catch_line":"Cattle guards; remedy of aggrieved landowner; penalty","history":"Code 1919, \u00a7 3950; 1994, c. 352.","full_text":"Every railroad company whose road passes through any enclosed lands in this Commonwealth shall construct and keep in good order cattle guards reasonably sufficient to prevent the passage of livestock of every kind over such land, at any point where a fence may be necessary or proper, whether it is a division fence between contiguous farms or between different parcels or tracts belonging to the same person, or a fence along a public highway. Such cattle guards 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 ninety days after such request, to construct or maintain the cattle guards at the place designated, the owner, having given ten days’ notice in writing to the 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 cattle guard 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 cattle guard ought to be constructed, the company shall, within ninety 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 cattle guard approved by the State Corporation Commission shall, if properly constructed and maintained, be deemed a sufficient cattle guard 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.","order_by":null,"text":{"0":{"id":227995,"text":"Every railroad company whose road passes through any enclosed lands in this Commonwealth shall construct and keep in good order cattle guards reasonably sufficient to prevent the passage of livestock of every kind over such land, at any point where a fence may be necessary or proper, whether it is a division fence between contiguous farms or between different parcels or tracts belonging to the same person, or a fence along a public highway. Such cattle guards 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 ninety days after such request, to construct or maintain the cattle guards at the place designated, the owner, having given ten days’ notice in writing to the 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 cattle guard 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 cattle guard ought to be constructed, the company shall, within ninety 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 cattle guard approved by the State Corporation Commission shall, if properly constructed and maintained, be deemed a sufficient cattle guard 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.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-433\/","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":249765,"object_type":"law","relational_id":62520,"identifier":"56-433","token":"56\/13\/8\/56-433","url":"\/56-433\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-433\/","token":"56\/13\/8\/56-433","dublin_core":{"Title":"Cattle guards; remedy of aggrieved landowner; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-433","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every railroad company<\/span> whose road passes through any enclosed lands in this Commonwealth shall construct and keep in good order<\/span> cattle guards reasonably sufficient to prevent the passage of livestock of every kind over such land, at any point where a fence may be necessary or proper, whether it is a division fence between contiguous farms or between different parcels or tracts belonging to the same person<\/span>, or a fence along a public highway<\/span>. Such cattle guards 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 ninety days after such request, to construct or maintain the cattle guards at the place designated, the owner, having given ten days’ notice in writing to the 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 cattle guard 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 cattle guard ought to be constructed, the company shall, within ninety 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 cattle guard approved by the State Corporation<\/span> Commission<\/span> shall, if properly constructed and maintained, be deemed a sufficient cattle guard 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCATTLE GUARDS; REMEDY OF AGGRIEVED LANDOWNER; PENALTY (\u00a7 56-433)\n\nEvery railroad company whose road passes through any enclosed lands in this\nCommonwealth shall construct and keep in good order cattle guards reasonably\nsufficient to prevent the passage of livestock of every kind over such land, at\nany point where a fence may be necessary or proper, whether it is a division\nfence between contiguous farms or between different parcels or tracts belonging\nto the same person, or a fence along a public highway. Such cattle guards shall\nbe constructed on the request of the landowner, in writing, by certified mail,\nto the registered agent of such railroad. If the company refuses or fails, for\nninety days after such request, to construct or maintain the cattle guards at\nthe place designated, the owner, having given ten days’ notice in writing\nto the registered agent, may apply to the circuit court of the county or city in\nwhich any such point is located for the appointment of three disinterested\nfreeholders, whose duty it shall be to go on the land and determine whether the\nproposed cattle guard shall be constructed. Their decision shall be in writing,\nand shall be forthwith returned to and filed in the office of the clerk of such\ncourt. If such decision is that the cattle guard ought to be constructed, the\ncompany shall, within ninety 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 cattle guard approved by the State Corporation\nCommission shall, if properly constructed and maintained, be deemed a sufficient\ncattle guard within the meaning of this chapter. Any delay in construction or\nmaintenance caused by inclement weather, war, strikes, acts of God, national\nemergencies or failure of any local, state, or federal governmental agencies to\ngrant permits shall extend the aforesaid period.\n\nHISTORY: Code 1919, \u00a7 3950; 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}}