                                 CODE OF VIRGINIA

OBSTRUCTIONS OR ENCROACHMENTS (§ 15.2-2009)

A locality may prevent any unlawful obstruction of or encroachment over, under
or in any street, highway, road, alley, bridge, viaduct, subway, underpass or
other public right-of-way or place; may provide penalties for maintaining any
such unlawful obstruction or encroachment; may remove the same and charge the
cost thereof to the owner or occupant of the property so obstructing or
encroaching; and may collect the cost in any manner provided by law for the
collection of state or local taxes. The locality may require the owner or
occupant of the property so obstructing or encroaching to remove the property
and, pending such removal, may charge the owner of the property so obstructing
or encroaching compensation for the use of such portion of the street, highway,
road, alley, bridge, viaduct, subway, underpass or other public right-of-way or
place obstructed or encroached upon the equivalent of what would be the tax upon
the land so occupied if it were owned by the owner of the property so
obstructing or encroaching. If removal is not accomplished within the time
ordered, the locality may impose penalties for each day that the obstruction or
encroachment is allowed to continue. The locality may authorize encroachments
upon such public rights-of-way and places subject to such terms and conditions
as the governing body may prescribe. However, owners or occupants shall be
liable for negligence on account of such encroachment, and the governing body
may institute and prosecute a suit or action in ejectment or other appropriate
proceedings to recover possession of any such public right-of-way or place or
any other property unlawfully occupied or encroached upon.

HISTORY: Code 1950, § 15-77.57; 1958, c. 328; 1962, c. 623, § 15.1-893; 1997,
c. 587.