                                 CODE OF VIRGINIA

TELEPHONE, TELEGRAPH OR ELECTRIC POWER LINES CROSSING RAILROADS (§ 56-16.1)

A. If a telephone, telegraph or electric power company desires to cross the
works of a railroad company and the parties thereto cannot agree on the manner
of the crossing or the compensation to be paid or the damages, if any,
occasioned by such crossing, then either party may proceed under this section in
such case. Such party, after complying with the provisions of &#xA7;&#xA7; 56-17
and 56-18, insofar as they are applicable, may apply to the Commission within
thirty days after the submission of the plans and specifications required in
&#xA7; 56-18, to inquire into the necessity for such crossing, the propriety of
the proposed location, all matters pertaining to its construction and operation,
and the crossing fee and damages, if any, to be paid to such railroad.

B. Every such application shall, in addition to the plans and specifications
required in &#xA7; 56-18, set forth (i) the means applicant proposes to employ
to protect persons and property on the premises of the railroad; (ii) the extent
to which applicant will safeguard the railroad from damage or destruction of
persons or property resulting from such crossing including a provision to save
the railroad harmless from claims arising as a result of such crossing; (iii)
the conditions under which usage of the crossing will terminate and all
interests revert to the railroad; and (iv) the means which applicant proposes to
employ to prevent interference with the unlimited use of the property by the
railroad including, but without limitation, the communication and transportation
system on the property proposed to be crossed. The Commission may, at its
discretion, require the applicant to provide a bond or insurance conditioned to
save the railroad harmless from claims arising as a result of such crossing. The
Commission may, as provided in &#xA7; 56-19, employ experts to advise it with
reference to such application.

C. If the Commission grants such application in whole or in part, the order of
the Commission shall grant a license for such crossing upon compliance with the
terms of the order, and shall fix a fee for such crossing and determine the
damages, if any; in fixing the amount of such fees the Commission shall consider
the costs involved to the company to be crossed and the periodic inspection of
such works.

D. Construction shall not begin until permitted under an order provided for in
paragraph C hereof unless the parties agree thereto; provided that the
Commission may allow construction to proceed pending the determination of the
fee and damages, if any.

HISTORY: 1976, c. 328.