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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82966</law_id><section_number>56-575.13</section_number><catch_line>Utility crossing</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="22.1">The Public-Private Education Facilities and Infrastructure Act of 2002</unit></structure><text>
						<section><p>The <span class="dictionary">private entity</span> and each <span class="dictionary">public service company</span>, public utility, <span class="dictionary">railroad</span>, and cable television provider, whose facilities are to be crossed or affected shall cooperate fully with the other entity in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is hereby expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the <span class="dictionary">qualifying project</span> or that must be relocated to the extent that such moving or relocation is made necessary or desirable by construction of, renovation to, or improvements to the <span class="dictionary">qualifying project</span>, which shall be construed to include construction of, renovation to, or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement. Any amount to be paid for such crossing, construction, moving or relocating of facilities shall be paid for by the <span class="dictionary">private entity</span>. Should the <span class="dictionary">private entity</span> and any such <span class="dictionary">public service company</span>, public utility, <span class="dictionary">railroad</span>, and cable television provider not be able to agree upon a plan for the crossing or relocation, the <span class="dictionary">Commission</span> may determine the manner in which the crossing or relocation is to be accomplished and any <span class="dictionary">damages</span> due arising out of the crossing or relocation. The <span class="dictionary">Commission</span> may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the <span class="dictionary">Commission</span>. In such a case, the cost of the experts is to be borne by the <span class="dictionary">private entity</span>. Such determination shall be made by the <span class="dictionary">Commission</span> within ninety days of notification by the <span class="dictionary">private entity</span> that the <span class="dictionary">qualifying project</span> will cross utilities subject to the <span class="dictionary">Commission</span>&#x2019;s <span class="dictionary">jurisdiction</span>.</p></section></text><history>2002, c. 571; 2005, c. 865.</history><metadata></metadata></law>
