                                 CODE OF VIRGINIA

CATTLE GUARDS; REMEDY OF AGGRIEVED LANDOWNER; PENALTY (§ 56-433)

Every railroad company whose road passes through any enclosed lands in this
Commonwealth shall construct and keep in good order cattle guards reasonably
sufficient to prevent the passage of livestock of every kind over such land, at
any point where a fence may be necessary or proper, whether it is a division
fence between contiguous farms or between different parcels or tracts belonging
to the same person, or a fence along a public highway. Such cattle guards shall
be constructed on the request of the landowner, in writing, by certified mail,
to the registered agent of such railroad. If the company refuses or fails, for
ninety days after such request, to construct or maintain the cattle guards at
the place designated, the owner, having given ten days&#8217; notice in writing
to the registered agent, may apply to the circuit court of the county or city in
which any such point is located for the appointment of three disinterested
freeholders, whose duty it shall be to go on the land and determine whether the
proposed cattle guard shall be constructed. Their decision shall be in writing,
and shall be forthwith returned to and filed in the office of the clerk of such
court. If such decision is that the cattle guard ought to be constructed, the
company shall, within ninety days thereafter, construct the same. Upon its
failure so to do, it shall pay to the landowner fifty dollars for every day of
such failure. Any style of cattle guard approved by the State Corporation
Commission shall, if properly constructed and maintained, be deemed a sufficient
cattle guard within the meaning of this chapter. Any delay in construction or
maintenance caused by inclement weather, war, strikes, acts of God, national
emergencies or failure of any local, state, or federal governmental agencies to
grant permits shall extend the aforesaid period.

HISTORY: Code 1919, § 3950; 1994, c. 352.