                                 CODE OF VIRGINIA

UTILITY CROSSINGS (§ 33.2-1815)

A. The private entity and each public service company, public utility, railroad,
cable television provider, locality, or political subdivision whose facilities
are to be crossed or affected shall cooperate fully with the other 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 qualifying transportation facility or that must be relocated to
the extent that such moving or relocation is made necessary or desirable by
construction of or improvements to the qualifying transportation facility, which
shall be construed to include construction of or improvements to temporary
facilities for the purpose of providing service during the period of
construction or improvement.

B. Should the private entity and any such public service company, public
utility, railroad, and cable television provider be unable to agree upon a plan
for the crossing or relocation, the Commission may determine the manner in which
the crossing or relocation is to be accomplished and any damages due arising out
of the crossing or relocation. The Commission 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
Commission. In such a case, the cost of the experts is to be borne by the
private entity. Any amount to be paid for such crossing, construction, moving,
or relocation of facilities shall be paid for by the private entity or any other
person contractually responsible therefor under the interim or comprehensive
agreement or under any other contract, license, or permit. The Commission shall
make a determination within 90 days of notification by the private entity that
the qualifying transportation facility will cross utilities subject to the
Commission&#8217;s jurisdiction.

C. Should the private entity and any locality or political subdivision not be
able to agree upon a plan for the crossing or relocation of facilities owned or
operated by the locality or political subdivision, then the private entity may
request in writing to the Commonwealth Transportation Board (Board), with a copy
to the chief executive or chief administrative officer of the locality or
political subdivision, that the Board consider the matter pursuant to its
authority in &#xA7; 33.2-308, which shall apply mutatis mutandis to any project
pursuant to this chapter, regardless of the highway system or location of the
project, if the Board decides to exercise such authority, except, however, that
the private entity, and not the Board, shall be responsible for the costs of
such crossing, construction, moving, or relocation of such facilities. In the
event the Board decides to exercise its authority hereunder, the Board shall
issue an order within 90 days of receipt of the request from the private entity.

D. For the purposes of this chapter, &#8220;facilities owned or operated by the
local government or political subdivision&#8221; means any pipes, mains, storm
sewers, water lines, sanitary sewers, natural gas facilities, or other
structures, equipment, and appliances owned or operated by a locality or
political subdivision for the purpose of transmitting or distributing
communications, power, electricity, light, heat, gas, oil, crude products,
water, steam, sewage or waste, storm water not connected with highway drainage,
or any other similar commodity or substance, which facilities directly or
indirectly serve the public.

HISTORY: 1994, c. 855, § 56-570; 1995, c. 647; 2005, cc. 504, 562; 2014, cc.
474, 805.