                                 CODE OF VIRGINIA

UTILITY CROSSING (§ 56-575.13)

The private entity and each public service company, public utility, railroad,
and cable television provider, whose facilities are to be crossed or affected
shall cooperate fully with the other entity 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 project
or that must be relocated to the extent that such moving or relocation is made
necessary or desirable by construction of, renovation to, or improvements to the
qualifying project, which shall be construed to include construction of,
renovation to, or improvements to temporary facilities for the purpose of
providing service during the period of construction or improvement. Any amount
to be paid for such crossing, construction, moving or relocating of facilities
shall be paid for by the private entity. Should the private entity and any such
public service company, public utility, railroad, and cable television provider
not be able 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. Such determination shall be made
by the Commission within ninety days of notification by the private entity that
the qualifying project will cross utilities subject to the Commission&#8217;s
jurisdiction.

HISTORY: 2002, c. 571; 2005, c. 865.