                                 CODE OF VIRGINIA

RAILROAD; DAMAGE (§ 21-360)

Whenever the board of viewers shall make a survey for the purpose of locating a
public levee or drainage project or changing a natural watercourse, and the same
would cross the right-of-way of a railroad company it shall be the duty of the
board of viewers promptly to notify the railroad company by serving written
notice, accompanied by plans and profiles, upon the agent of such company or its
lessee or receiver, that they will meet the company&#8217;s representative at
the place where the proposed ditch, drain, or watercourse crosses the
right-of-way of such company, or at such other place as may be agreed upon by
the respective parties. The meeting shall not be less than ten days after the
service of notice fixing the time of the same, for the purpose of conferring
with the railroad company with relation to the place where and the manner in
which such improvements shall cross such right-of-way. When the time fixed for
such conference shall arrive, unless for good cause more time is agreed upon, it
shall be the duty of the board of viewers and the railroad company to agree, if
possible, upon the place where and the manner and method in which such
improvement shall cross such right-of-way. If, however, the board of viewers and
the railroad company cannot agree, the whole matter shall be reported to the
court by the board of viewers, and by the court referred to the State
Corporation Commission as arbiters. The fact that the railroad company is
required by the construction of the improvement to build a new bridge or culvert
or to enlarge or strengthen an old one, shall be considered as damages to the
railroad company to the extent of the actual cost thereof, as provided in §
21-359.

HISTORY: Code 1919, § 1765; 1954, c. 642.