                                 CODE OF VIRGINIA

REMOVAL OF INFLAMMABLE MATERIAL FROM LANDS ADJOINING RIGHT-OF-WAY BY RAILROADS
(§ 10.1-1147)

For the purpose of providing increased protection to forest property from fire
originating along railroads, any railroad company shall have the right, subject
to the provisions of this section, without liability for trespass to enter upon
forest or brushlands for a distance of fifty feet from the railroad right-of-way
and to clear from such a strip any inflammable material such as leaves, grass,
dead trees, slash and brush, but shall not remove any valuable timber growth or
other things of value without consent of and recompense to the owner. Not less
than fifteen days prior to clearing such land, the railroad company shall give
the owner notice of its intention, together with a transcript of this section,
by letter deposited in the United States mail to his last known address. If the
owner does not file objections to such clearings with the State Corporation
Commission within ten days of the date of such notice he shall be deemed to have
given consent. Upon the filing by an owner of such objection showing cause why
such clearing should not be done the State Corporation Commission shall review
the case and may sustain the objection of the owner or permit the clearing in
whole or in part.
		The State Corporation Commission may require assistance of the State Forester
in furnishing information pertinent to the administration of this section.
		The provisions of this section shall not apply to temporary tram roads used
for hauling logs and lumber.

HISTORY: Code 1950, § 10-66; 1988, c. 891.