                                 CODE OF VIRGINIA

POWER OF CONDEMNATION; LIMITATION (§ 56-347)

In addition to the powers conferred by Title 13.1, every corporation of this
Commonwealth organized to conduct a railroad business shall have the power to
acquire by the exercise of the right of eminent domain any lands or estates or
interests therein, sand, earth, gravel, water or other material, structures,
rights-of-way, easements or other interests in lands, including lands under
water and riparian rights, of any person, which are deemed necessary for the
purposes of construction, reconstruction, alteration, straightening, relocation,
operation, maintenance, improvement or repair of its lines, facilities or works
including depots, stations, shops, yards, industrial spurs, switches and
sidetracks, terminals or additional tracks or facilities, and for all other
necessary railroad purposes and purposes incidental thereto, for its use in
serving the public, including permanent, temporary, continuous, periodical or
future use, whenever such corporation cannot agree upon the terms of purchase or
settlement with any such person because of the incapacity of such person or
because of the inability to agree on the compensation to be paid or other terms
of settlement or purchase, or because any such person cannot with reasonable
diligence be found or is unknown or is a nonresident of the Commonwealth, or is
unable to convey valid title to such property. Such proceedings shall be
conducted in the manner provided by Chapter 2 (§ 25.1-200 et seq.) of Title
25.1 and shall be subject to the provisions of § 25.1-102. Provided, however,
such corporation shall not take by condemnation proceedings a strip of land for
its right-of-way within sixty feet of the dwelling house of any person except
(a) when the court having jurisdiction of the condemnation proceeding finds,
after notice of motion to be granted authority to do so to the owner of such
dwelling house, given in the manner provided in §§ 25.1-209, 25.1-210, and
25.1-212, and a hearing thereon, that it would otherwise be impractical, without
unreasonable expense, to construct the proposed works of the corporation at
another location; or (b) in case of occupancy of the streets or alleys, public
or private, of any county, city or town, in pursuance of permission obtained
from the board of supervisors of such county or the corporate authorities of
such city or town; or (c) in case of occupancy of the highways of this
Commonwealth or of any county, in pursuance of permission obtained from the
authorities having jurisdiction over such highways.

HISTORY: Code 1919, § 3857; 1920, p. 307; 1944, p. 536; Michie Suppl. 1946, §
3857a; 1956, c. 435; 1962, c. 221; 2003, c. 940.