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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71022</law_id><section_number>56-16</section_number><catch_line>Wagonways to be constructed across roads, railroads, canals, and other works; enforcement</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions</unit><unit label="article" level="3" order_by="1" identifier="4">Crossings and Connections</unit></structure><text>
						<section><p>For the purpose of this section, &#x201C;wagonway&#x201D; means a vehicular crossing adequate to permit the passage of machinery and vehicles used for agricultural or forestal purposes, including but not limited to the transportation of agricultural and forestal products to markets. Every <span class="dictionary">public service corporation</span> whose road, <span class="dictionary">railroad</span>, canal, or works passes through the lands of any <span class="dictionary">person</span> in this Commonwealth shall provide and maintain proper and suitable wagonways across such road, <span class="dictionary">railroad</span>, canal, or other works, from one part of such land to the other, and shall keep such wagonways in good repair. Such wagonways shall be constructed and maintained on the request of the landowner, in writing, by certified <span class="dictionary">mail</span>, made to the registered agent for the corporation owning such road, <span class="dictionary">railroad</span>, canal, or other works at that point, and shall designate the points at which the wagonways are desired. If the <span class="dictionary">company</span> fails or refuses for ninety days after such request to construct and maintain wagonways of a convenient and proper character at the places designated, then the owner may apply to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city wherein such land is located for the appointment of three disinterested <span class="dictionary">persons</span> whose lands do not abut on such road, <span class="dictionary">railroad</span>, canal, or other works, who shall constitute a board of commissioners whose duty it shall be to go upon the land and determine whether the requested wagonways should be constructed and maintained.
		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 government agencies to grant permits shall extend the aforesaid period. The decision of such board shall be in writing and, if favorable to the landowner, shall set forth the points at which the wagonways should be constructed and maintained, giving also a description of what should be done by the <span class="dictionary">company</span> to make and maintain a suitable and convenient wagonway. The decision of the board of commissioners shall be returned to, and filed in, the clerk&#x2019;s office of such <span class="dictionary">court</span>, and when called up at the next or any succeeding term of such <span class="dictionary">court</span>, it shall be confirmed, unless good cause is shown against it by the <span class="dictionary">company</span>. Either <span class="dictionary">party</span> shall have the right of <span class="dictionary">appeal</span> to the Supreme <span class="dictionary">Court</span> from the <span class="dictionary">judgment</span> of the <span class="dictionary">court</span>. If the <span class="dictionary">company</span> fails, within a reasonable time fixed by the <span class="dictionary">court</span> at the time of the confirmation of a report favorable to the landowner, to make and maintain the wagonways therein referred to, it shall pay the landowner fifty dollars for each day of such failure, which may be recovered on <span class="dictionary">motion</span> by the landowner against the <span class="dictionary">company</span>, in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city wherein such land is located having <span class="dictionary">jurisdiction</span> to try the same. The commissioners shall each receive for their services the sum of fifty dollars per day, to be taxed as a part of the costs of the proceeding.
		Once the right to such wagonway has been established, should the <span class="dictionary">railroad</span> change the grade of any portion of the tracks across which such wagonway passes, it shall be the duty of the <span class="dictionary">railroad</span> to make whatever reasonable modifications of the wagonway are necessary within the <span class="dictionary">railroad</span> right-of-way to permit the passage of the aforesaid machinery and vehicles.</p></section></text><history>Code 1919, &#xA7; 3883; 1994, c. 352.</history><metadata></metadata></law>
