{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-49.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-49.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-49.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-49.html"}],"law_id":54611,"edition_id":1,"section_id":54611,"structure_id":13639,"section_number":"56-49","catch_line":"Powers","history":"1944, p. 539; Michie Suppl. 1946, \u00a7 3866a; 1952, c. 497; 1956, c. 438; 1962, c. 222; 1972, c. 657; 1988, c. 649; 1990, c. 630; 1999, cc. 484, 531; 2003, c. 940; 2004, c. 1028.","full_text":"In addition to the powers conferred by Title 13.1, each public service corporation of this Commonwealth organized to conduct a public service business other than a railroad shall have the power:\n\n1\n\nTo cause to be made such examinations and surveys for its proposed line or location of its works as are necessary to the selection of the most advantageous location or route or for the improvement or straightening of its line or works, or changes of location or construction, or providing additional facilities, and for such purposes, by its officers and servants, to enter upon the lands or waters of any person but subject to responsibility for all damages that are done thereto, and subject to permission from, or notice to, the landowner as provided in § 25.1-203.2\n\nTo acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works, and for all its necessary business purposes incidental thereto, for its use in serving the public either directly or indirectly through another public service corporation, including permanent, temporary, continuous, periodical or future use, whenever the corporation cannot agree on the terms of purchase or settlement with any such person because of the incapacity of such person or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because any such person cannot with reasonable diligence be found or is unknown, or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceeding shall be conducted in the manner provided by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of § 25.1-102. However, the corporation shall not take by condemnation proceedings a strip of land for a right-of-way within 60 feet of the dwelling house of any person except (i) when the court having jurisdiction of the condemnation proceeding finds, after notice of motion to be granted authority to do so to the owner of such dwelling house, given in the manner provided in §§ 25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; (ii) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (iii) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission from the authorities having jurisdiction over such highways. A public service corporation which has not been (i) allotted territory for public utility service by the State Corporation Commission or (ii) issued a certificate to provide public utility service shall acquire lands or interests therein by eminent domain as provided in this subdivision for lines, facilities, works or purposes only after it has obtained any certificate of public convenience and necessity required for such lines, facilities, works or purposes under Chapter 10.1 (§ 56-265.1 et seq.) of this title.\n\t\t\tAnd provided, further, that notwithstanding the foregoing nor any other provision of the law the right of eminent domain shall not be exercised for the purpose of acquiring any lands or estates or interests therein nor any other property for the construction, reconstruction, maintenance or operation of any pipeline for the transportation of coal.\n\t\t\tFor the purposes of this section, the words “public service corporation” shall include any Virginia limited liability company as defined in § 56-1 that has been issued a certificate of public convenience and necessity authorizing it to furnish telecommunications services of a public utility set forth in subdivision (b) of § 56-265.1 and that seeks to construct or acquire facilities for use in providing the certificated telecommunications service.","order_by":null,"text":{"0":{"id":200562,"text":"In addition to the powers conferred by Title 13.1, each public service corporation of this Commonwealth organized to conduct a public service business other than a railroad shall have the power:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":200563,"text":"To cause to be made such examinations and surveys for its proposed line or location of its works as are necessary to the selection of the most advantageous location or route or for the improvement or straightening of its line or works, or changes of location or construction, or providing additional facilities, and for such purposes, by its officers and servants, to enter upon the lands or waters of any person but subject to responsibility for all damages that are done thereto, and subject to permission from, or notice to, the landowner as provided in § 25.1-203.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":200564,"text":"To acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works, and for all its necessary business purposes incidental thereto, for its use in serving the public either directly or indirectly through another public service corporation, including permanent, temporary, continuous, periodical or future use, whenever the corporation cannot agree on the terms of purchase or settlement with any such person because of the incapacity of such person or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because any such person cannot with reasonable diligence be found or is unknown, or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceeding shall be conducted in the manner provided by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of § 25.1-102. However, the corporation shall not take by condemnation proceedings a strip of land for a right-of-way within 60 feet of the dwelling house of any person except (i) when the court having jurisdiction of the condemnation proceeding finds, after notice of motion to be granted authority to do so to the owner of such dwelling house, given in the manner provided in §§ 25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; (ii) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (iii) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission from the authorities having jurisdiction over such highways. A public service corporation which has not been (i) allotted territory for public utility service by the State Corporation Commission or (ii) issued a certificate to provide public utility service shall acquire lands or interests therein by eminent domain as provided in this subdivision for lines, facilities, works or purposes only after it has obtained any certificate of public convenience and necessity required for such lines, facilities, works or purposes under Chapter 10.1 (§ 56-265.1 et seq.) of this title.\n\t\t\tAnd provided, further, that notwithstanding the foregoing nor any other provision of the law the right of eminent domain shall not be exercised for the purpose of acquiring any lands or estates or interests therein nor any other property for the construction, reconstruction, maintenance or operation of any pipeline for the transportation of coal.\n\t\t\tFor the purposes of this section, the words “public service corporation” shall include any Virginia limited liability company as defined in § 56-1 that has been issued a certificate of public convenience and necessity authorizing it to furnish telecommunications services of a public utility set forth in subdivision (b) of § 56-265.1 and that seeks to construct or acquire facilities for use in providing the certificated telecommunications service.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13639,"edition_id":1,"name":"Creation and Powers of Public Service Corporations","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":250355,"object_type":"structure","relational_id":13639,"identifier":"2","token":"56\/2","url":"\/56\/2\/","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":77349,"structure_id":13639,"section_number":"56-47","catch_line":"Repealed","url":"\/56-47\/","token":"56\/2\/56-47","metadata":false},{"id":54611,"structure_id":13639,"section_number":"56-49","catch_line":"Powers","url":"\/56-49\/","token":"56\/2\/56-49","metadata":false},{"id":66648,"structure_id":13639,"section_number":"56-49.01","catch_line":"Natural gas companies; right of entry upon property","url":"\/56-49.01\/","token":"56\/2\/56-49.01","metadata":false},{"id":80135,"structure_id":13639,"section_number":"56-49.1","catch_line":"Repealed","url":"\/56-49.1\/","token":"56\/2\/56-49.1","metadata":false},{"id":70884,"structure_id":13639,"section_number":"56-51.1","catch_line":"Repealed","url":"\/56-51.1\/","token":"56\/2\/56-51.1","metadata":false},{"id":74166,"structure_id":13639,"section_number":"56-52","catch_line":"Repealed","url":"\/56-52\/","token":"56\/2\/56-52","metadata":false}],"previous_section":{"id":77349,"structure_id":13639,"section_number":"56-47","catch_line":"Repealed","url":"\/56-47\/","token":"56\/2\/56-47","metadata":false},"next_section":{"id":66648,"structure_id":13639,"section_number":"56-49.01","catch_line":"Natural gas companies; right of entry upon property","url":"\/56-49.01\/","token":"56\/2\/56-49.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-49\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1952, chapter 497; in 1956, chapter 438; in 1962, chapter 222; in 1972, chapter 657; in 1988, chapter 649; in 1990, chapter 630; in 1999, chapters 484<\/a> and 531<\/a>; in 2003, chapter 940<\/a>; in 2004, chapter 1028<\/a>.<\/p>","references":[{"id":56649,"section_number":"56-231.19","catch_line":"Filing articles of incorporation; effect thereof; other provisions of law applicable","order_by":null,"url":"\/56-231.19\/"},{"id":72128,"section_number":"56-231.23","catch_line":"General powers granted","order_by":null,"url":"\/56-231.23\/"},{"id":87202,"section_number":"56-231.43","catch_line":"Powers","order_by":null,"url":"\/56-231.43\/"},{"id":79586,"section_number":"56-259","catch_line":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","order_by":null,"url":"\/56-259\/"},{"id":59777,"section_number":"56-265.13:7","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-265.13_7\/"},{"id":85742,"section_number":"56-490","catch_line":"Filing certificate of incorporation","order_by":null,"url":"\/56-490\/"},{"id":87301,"section_number":"56-495","catch_line":"Powers granted corporation","order_by":null,"url":"\/56-495\/"},{"id":76084,"section_number":"56-533","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-533\/"},{"id":57707,"section_number":"56-614","catch_line":" Definitions","order_by":null,"url":"\/56-614\/"}],"refers_to":[{"id":56240,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","order_by":null,"url":"\/25.1-102\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":70283,"section_number":"25.1-209","catch_line":"Notice of filing of petition","order_by":null,"url":"\/25.1-209\/"},{"id":74136,"section_number":"25.1-210","catch_line":"Service of notice by order of publication; mailing copy of notice by publication","order_by":null,"url":"\/25.1-210\/"},{"id":71892,"section_number":"25.1-212","catch_line":"Personal service of notice on nonresident owner","order_by":null,"url":"\/25.1-212\/"},{"id":64250,"section_number":"56-1","catch_line":"Definitions","order_by":null,"url":"\/56-1\/"},{"id":85772,"section_number":"56-265.1","catch_line":"Definitions","order_by":null,"url":"\/56-265.1\/"}],"permalink":{"id":250361,"object_type":"law","relational_id":54611,"identifier":"56-49","token":"56\/2\/56-49","url":"\/56-49\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-49\/","token":"56\/2\/56-49","dublin_core":{"Title":"Powers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-49","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to the powers conferred by Title 13.1, each public service corporation<\/span> of this Commonwealth organized to conduct a public service business other than a railroad<\/span> shall have the power:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To cause to be made such examinations and surveys for its proposed line or location of its works as are necessary to the selection of the most advantageous location or route or for the improvement or straightening of its line or works, or changes of location or construction, or providing additional facilities, and for such purposes, by its officers and servants, to enter upon the lands or waters of any person<\/span> but subject to responsibility for all damages<\/span> that are done thereto, and subject to permission from, or notice to, the landowner as provided in § 25.1-203<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material<\/span>, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person<\/span>, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works, and for all its necessary business purposes incidental thereto, for its use in serving the public either directly or indirectly through another public service corporation<\/span>, including permanent, temporary, continuous, periodical or future use, whenever the corporation cannot agree on the terms of purchase or settlement<\/span> with any such person<\/span> because of the incapacity of such person<\/span> or because of the inability to agree on the compensation to be paid or other terms of settlement<\/span> or purchase, or because any such person<\/span> cannot with reasonable diligence be found or is unknown, or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceeding shall be conducted in the manner provided by Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1 and shall be subject to the provisions of § 25.1-102<\/a>. However, the corporation shall not take by condemnation proceedings a strip of land for a right-of-way within 60 feet of the dwelling house of any person<\/span> except (i) when the court<\/span> having jurisdiction<\/span> of the condemnation proceeding finds, after notice of motion<\/span> to be granted authority to do so to the owner of such dwelling house, given in the manner provided in §§ 25.1-209<\/a>, 25.1-210<\/a>, and 25.1-212<\/a>, and a hearing<\/span> thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; (ii) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (iii) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission from the authorities having jurisdiction<\/span> over such highways. A public service corporation<\/span> which has not been (i) allotted territory for public utility service by the State Corporation Commission<\/span> or (ii) issued a certificate to provide public utility service shall acquire lands or interests therein by eminent domain as provided in this subdivision for lines, facilities, works or purposes only after it has obtained any certificate of public convenience and necessity required for such lines, facilities, works or purposes under Chapter 10.1 (§ 56-265.1<\/a> et seq.) of this title.\n\t\t\tAnd provided, further, that notwithstanding the foregoing nor any other provision of the law<\/span> the right of eminent domain shall not be exercised for the purpose of acquiring any lands or estates or interests therein nor any other property for the construction, reconstruction, maintenance or operation of any pipeline for the transportation of coal.\n\t\t\tFor the purposes of this section, the words “public service corporation<\/span>” shall include any Virginia limited liability company<\/span> as defined in § 56-1<\/a> that has been issued a certificate of public convenience and necessity authorizing it to furnish telecommunications services of a public utility set forth in subdivision (b) of § 56-265.1<\/a> and that seeks to construct or acquire facilities for use in providing the certificated telecommunications service. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS (\u00a7 56-49)\n\nIn addition to the powers conferred by Title 13.1, each public service\ncorporation of this Commonwealth organized to conduct a public service business\nother than a railroad shall have the power:\n\n1. To cause to be made such examinations and surveys for its proposed line or\nlocation of its works as are necessary to the selection of the most advantageous\nlocation or route or for the improvement or straightening of its line or works,\nor changes of location or construction, or providing additional facilities, and\nfor such purposes, by its officers and servants, to enter upon the lands or\nwaters of any person but subject to responsibility for all damages that are done\nthereto, and subject to permission from, or notice to, the landowner as provided\nin § 25.1-203.\n\n2. To acquire by the exercise of the right of eminent domain any lands or\nestates or interests therein, sand, earth, gravel, water or other material,\nstructures, rights-of-way, easements or other interests in lands, including\nlands under water and riparian rights, of any person, which are deemed necessary\nfor the purposes of construction, reconstruction, alteration, straightening,\nrelocation, operation, maintenance, improvement or repair of its lines,\nfacilities or works, and for all its necessary business purposes incidental\nthereto, for its use in serving the public either directly or indirectly through\nanother public service corporation, including permanent, temporary, continuous,\nperiodical or future use, whenever the corporation cannot agree on the terms of\npurchase or settlement with any such person because of the incapacity of such\nperson or because of the inability to agree on the compensation to be paid or\nother terms of settlement or purchase, or because any such person cannot with\nreasonable diligence be found or is unknown, or is a nonresident of the\nCommonwealth, or is unable to convey valid title to such property. Such\nproceeding shall be conducted in the manner provided by Chapter 2 (§\n25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of §\n25.1-102. However, the corporation shall not take by condemnation proceedings a\nstrip of land for a right-of-way within 60 feet of the dwelling house of any\nperson except (i) when the court having jurisdiction of the condemnation\nproceeding finds, after notice of motion to be granted authority to do so to the\nowner of such dwelling house, given in the manner provided in §§\n25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise\nbe impractical, without unreasonable expense, to construct the proposed works of\nthe corporation at another location; (ii) in case of occupancy of the streets or\nalleys, public or private, of any county, city or town, in pursuance of\npermission obtained from the board of supervisors of such county or the\ncorporate authorities of such city or town; or (iii) in case of occupancy of the\nhighways of this Commonwealth or of any county, in pursuance of permission from\nthe authorities having jurisdiction over such highways. A public service\ncorporation which has not been (i) allotted territory for public utility service\nby the State Corporation Commission or (ii) issued a certificate to provide\npublic utility service shall acquire lands or interests therein by eminent\ndomain as provided in this subdivision for lines, facilities, works or purposes\nonly after it has obtained any certificate of public convenience and necessity\nrequired for such lines, facilities, works or purposes under Chapter 10.1\n(§ 56-265.1 et seq.) of this title.\n\t\t\tAnd provided, further, that notwithstanding the foregoing nor any other\nprovision of the law the right of eminent domain shall not be exercised for the\npurpose of acquiring any lands or estates or interests therein nor any other\nproperty for the construction, reconstruction, maintenance or operation of any\npipeline for the transportation of coal.\n\t\t\tFor the purposes of this section, the words “public service\ncorporation” shall include any Virginia limited liability company as\ndefined in § 56-1 that has been issued a certificate of public convenience\nand necessity authorizing it to furnish telecommunications services of a public\nutility set forth in subdivision (b) of § 56-265.1 and that seeks to\nconstruct or acquire facilities for use in providing the certificated\ntelecommunications service.\n\nHISTORY: 1944, p. 539; Michie Suppl. 1946, \u00a7 3866a; 1952, c. 497; 1956, c. 438;\n1962, c. 222; 1972, c. 657; 1988, c. 649; 1990, c. 630; 1999, cc. 484, 531;\n2003, c. 940; 2004, c. 1028.","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}}