dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405. Railroad companies to maintain grade crossings of public highways and approaches; repair by Commissioner of Highways or public road authority; recovery of cost from railroad company.
At every crossing, now existing or hereafter established, of a public road by a railroad or of a railroad by a public highway at grade, it shall be the duty of the railroad company to keep such crossing in good repair to the full width of the public highway, and to maintain such crossing in a smooth condition so as to admit of reasonable and safe travel over the same, and it shall also be the duty of the railroad company to maintain and keep in good repair that portion of the highway located between points two feet on either side of the extreme rails. A railroad may request that a public highway be closed for grade crossing maintenance activities, and the representative of the Commissioner of Highways or the representative of the appropriate public road authority may approve such closing where a reasonable detour is available. Any railroad company violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $10 nor more than $500.

The Commissioner of Highways or the representative of the public road authority, whenever he or it shall ascertain that any such crossing is not being properly maintained, shall notify the railroad company involved in writing to repair the crossing forthwith; the railroad company upon receipt of notice may request a conference on the condition of the crossing and the need, if any, for the repair of such crossing and such conference shall be held within thirty days after receipt of the Commissioner's or the public road authority's notice. After the conference if the Commissioner or the public road authority is of the opinion that such repairs are required and the railroad is not willing to proceed promptly with such repairs, he or the public road authority may repair the same or cause it to be repaired and recover from the railroad company the actual cost of such work including any administration and engineering cost.

If no conference is requested by the railroad company within the thirty-day period, the Commissioner or the public road authority with advance notice may repair the crossing or cause it to be repaired and recover from the railroad company the actual cost of such work including any administration and engineering cost.

In any action under this section to recover the cost of the repair of any such crossing, the need for, and reasonableness of, the repairs may be put in issue.

Nothing herein shall be construed as placing a duty on the railroad company to construct or reconstruct any such crossing in the event any such crossing is relocated or the highway approaches thereto are widened or reconstructed.

Code 1919, § 3973; 1952, c. 99; 1960, c. 544; 1968, c. 226; 1978, c. 214; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405.01. Repealed.
Repealed by Acts 1996, cc. 114 and 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405.02. Railroads to adjust certain public highways at grade crossings.
When adjustments are made to railway trackage grade which crosses public rights-of-way in use as a public highway or street in any locality, the railway company making such adjustments to their trackage shall also make initial adjustments to those public highways or streets so affected thereby to maintain a safe vertical relationship between trackage and street surfaces and to insure positive storm drainage such as existed prior to such repairs. After making such initial adjustments the responsibility for the continuing maintenance of the areas within such public highways and streets so adjusted shall be controlled by § 56-405.

The cost of all such initial street improvements necessitated by railway trackage adjustments shall be the responsibility of the railway company making such initial adjustments irrespective of whether or not the street improvements extended beyond railway right-of-way.

1984, c. 439; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405.1. Agreements with Commissioner of Highways or public road authority representative for maintenance and repair of public grade crossings.
Whenever the Commissioner of Highways or representative of the appropriate public road authority determines that it is in the best interest of the public to assist a railroad in its grade crossing maintenance and repair activities, he is authorized to enter into an agreement with the railroad company for the repair or maintenance of any crossing of a railroad and a public highway or for the sale of materials to the railroad company for the repair and maintenance of any such crossing. Any such agreement shall provide for the railroad company to bear the cost of the repair or maintenance or material furnished and such other conditions as the Commissioner of Highways or representative of the appropriate public road authority deems necessary or advisable to protect the interest of the public.

1968, c. 175; 1996, cc. 114, 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405.2. Construction and maintenance of crossbucks.
Every railroad company shall cause signal boards, hereinafter referred to as crossbucks, well supported by posts or otherwise and approved by the Department of Transportation at such heights as to be easily seen by travelers from both directions of the public highway, and not obstructing travel, containing in capital letters, at least five inches high, the inscription "railroad crossing," to be placed, and constantly maintained, at each public highway at or near, and on both sides of, each place where it is crossed by the railroad at the same level. The requirements of this section in localities that maintain their own streets may be waived at specific crossings on the petition of any such company to both the Commissioner of Highways and the public road authority if both the Commissioner and the public road authority determine that any such crossing has or will have other adequate warning devices or that the placement of new crossbucks will not enhance the safety of the traveling public. Neither official action nor failure to act as hereinabove provided shall impair the power of the Commissioner or the public road authority to require crossbucks at specific public crossings should a subsequent determination of their need be made.

The cost of erecting crossbucks placed at a public highway for the first time or whenever the Commissioner or the public road authority determines an upgrade of the standards is required may be paid or supplemented from federal funds when available to the Department of Transportation for such purpose at the sole discretion of the Commissioner of Highways. But the election of the Commissioner not to participate in such cost shall not relieve any company from the obligation of this section.

This section shall apply as to cities and towns in the case of new crossbucks beginning July 1, 1977.

1977, c. 226; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-405.3. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-406. Repealed.
Repealed by Acts 1977, c. 226.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-406.2. Proceeding for fixing cost of maintaining such warning devices at public grade crossings.
Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any highway, road or street grade crossing by any railroad company, the Commissioner of Highways or the public road authority may agree with the railroad company involved as to the division of the cost of the future maintenance of any such device or devices. The basis for the division of costs shall be determined by the Department of Rail and Public Transportation utilizing the calculated average maintenance cost of all previous warning device maintenance performed and documented by all railroads operating in Virginia. In the event that the Commissioner or the public road authority and the railroad company involved are unable to agree upon the share of the cost of maintenance of any such device or devices to be borne by the railroad company, if any, then such railroad company may file a petition with the State Corporation Commission setting forth the crossing protection provided at such crossing, the terms of the contract and/or the conditions of the order of said Commission or the public road authority under which it was constructed and installed and the estimated future annual cost of maintaining the same. Copies of such petition shall forthwith be served by the State Corporation Commission upon the Commissioner of Highways or the public road authority who shall, within twenty days after service of such petition, file an answer thereto setting out reasons for declining to participate in the future cost of maintaining such warning device or devices as requested by the railroad company, and the Commission shall thereupon hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine what share of the cost of the future maintenance of such warning device or devices, if any, shall be borne by the railroad company and/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such railroad company from the continued maintenance of such protection of said public highway, road or street grade crossing, and either dismiss the proceeding or enter an order deciding and disposing of the matters therein submitted to its jurisdiction.

1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-407. Repealed.
Repealed by Acts 1956, c. 164.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-408. Signs similar to crossing signs prohibited.
No device or sign which is in the form of a railroad crossing signboard shall be erected or permitted to remain on or near any of the public roads of this Commonwealth, except as required by § 56-405.2.

Any person who shall erect such a device or sign, as aforesaid, and every sign owner who shall permit such a device or sign to remain on or near the public roads of this Commonwealth, and every landowner or tenant in possession who shall knowingly permit such a sign to remain on his land in view of any public road, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $5 nor more than $100.

1918, p. 128; Michie Code 1942, § 3985a; 1956, c. 164.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-409. Repealed.
Repealed by Acts 1954, c. 122.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-411. Removal of brush and trees from right-of-way.
Every railway company operating in this Commonwealth shall be required to clear from its right-of-way trees and brush for 100' on each side of public road crossings at grade when such trees or brush would otherwise obstruct the view of approaching trains.

Every railway company violating the provisions of this section shall be fined not more than $500 for each offense, to be imposed by the State Corporation Commission after due notice and hearing upon the company or the employee so offending.

1918, p. 452; Michie Code 1942, § 3986a; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-412. When trains shall be stopped before getting to railroad crossing.
Whenever railroads cross each other on the same grade in this Commonwealth, the trains shall be brought to a full stop at least fifty feet before getting to the crossing.

The provisions of this section shall not be applicable where the crossings of such roads are regulated by derailing switches, or other safety appliances, which prevent collision at crossings, nor where a flagman or watchman is stationed, or signal tower is located, and signals that the trains may cross in safety.

Code 1919, § 3987.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track.
It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100 nor more than $500; provided that the fine may be $100 for each minute beyond the permitted time but the total fine shall not exceed $500.

This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency.

1958, c. 242; 1976, c. 89.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-412.2. Ordinances conflicting with § 56-412.1.
No city, town or county shall adopt any ordinance, order or resolution in conflict with the provisions of § 56-412.1 and all ordinances, orders or resolutions of any city, town or county heretofore adopted in conflict with such section are hereby repealed to the extent of such conflict.

1958, c. 242.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-412.3. Maintenance of certain roadways by Buchanan County.
The Board of Supervisors of Buchanan County is hereby authorized to maintain roadways located within the right-of-way of railroads pursuant to an agreement between Buchanan County and the railroad. However, nothing in this section shall obligate Buchanan County or the railroad to enter into any such agreement, nor shall Buchanan County or the railroad be precluded from including in any agreement any term, condition, or other lawful contractual provision. Any agreement made between Buchanan County and a railroad shall result in the complete immunity of the railroad from suit for any acts of the County in maintaining the roadways within the right-of-way of the railroad. The Board of Supervisors of Buchanan County shall cause all such roadways to be appropriately posted to warn users of such roadways that they are present on such roadways at their own risk.

2010, c. 256.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-413. Repealed.
Repealed by Acts 1996, cc. 114 and 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-413.01. Locomotive and rail car standards.
All locomotives and rail cars operating over the tracks of a railroad company are subject to Federal Railroad Administration jurisdiction and shall be maintained in accordance with federal standards. Locomotives designed with spark arrestors shall be cleaned and maintained on a regularly scheduled basis.

1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-413.1. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-414. Bell and whistle or horn; when sounded.
Every railroad company shall provide each locomotive passing upon its road with a bell of ordinary size and steam whistle or horn, and such whistle or horn shall be sharply sounded outside cities and towns at least twice at a distance of not less than 300 yards nor more than 600 yards from the place where the railroad crosses upon the same level any public highway or crossing, and such bell shall be rung or whistle or horn sounded continuously or alternately until the locomotive has reached such highway crossing, and shall give such signals in cities and towns as their local governing bodies may require.

The governing body of any county, city, or town may by ordinance require locomotives to sound their whistle upon approaching designated railroad trestles or bridges having lengths of 100 feet or more. Notice of any such requirement shall be given by registered mail to the registered agent of the railroad operating in the affected county, city, or town. Affected railroads shall comply with any such ordinance within 30 days of receiving the notice.

The governing body of any county, city, or town may, by ordinance adopted following a public hearing, petition the State Corporation Commission to enter an order, pursuant to the Commission's Rules of Practice and Procedure, requiring locomotives to sound their whistle or horn at specifically identified private crossings in the same manner as required for public crossings. If the Commission should deem the blowing of the locomotive whistle at such private crossings to be necessary in the interest of safety under all relevant circumstances, then it shall enter an order. The affected railroad shall comply with the order within 90 days of receipt by its registered agent of notice sent by registered mail and the locality must first install stop signs on both sides of such private crossing, to be paid for by the locality or the landowner. The Commission may establish and collect a fee, not to exceed its actual costs, from applicants for an order to sound locomotive whistles pursuant to this section.

Code 1919, § 3958; 1950, p. 944; 1956, c. 164; 1993, c. 483; 2003, c. 287.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-415. Penalty for violation of § 56-414.
Every officer or employee of any railway company, whose duty it shall be to carry out any of the provisions of § 56-414 and shall fail to do so, shall be punished by a fine not exceeding ten dollars for each offense.

Code 1919, § 3960.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-416. Effect of failure to give statutory signals.
If the employees in charge of any railroad engine or train fail to give the signals required by law on approaching a grade crossing of a public highway not protected with an automatically operating gate, operating wigwag signal or other operating electrical or operating automatic crossing protection device, the fact that a traveler on such highway failed to exercise due care in approaching such crossing shall not bar recovery for an injury to or death of such traveler, nor for an injury to or the destruction of property in his charge, where such injury, death, or destruction results from a collision on such crossing between such engine or train and such traveler or the property in his charge, respectively; but the failure of the traveler to exercise such care may be considered in mitigation of damages.

Code 1919, § 3959; 1964, c. 621.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-417. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-417.1. Clearance to be provided in construction, etc., of railroad structures.
No railroad, nor any person, firm or corporation operating any railroad shall hereafter construct or erect any track, building, sign, guidepost, switch stand or structure of any kind unless there is sufficient clearance provided for the safety of any employee or servant in the normal and customary operations of such railroad or any part thereof. The State Corporation Commission may inspect any such track or structure of any railroad in this Commonwealth, and upon complaint, or on its own motion and after timely notice to the railroad company affected and a hearing thereon, by proper order or orders, may require any railroad to make such changes as may be found necessary to safeguard and preserve the safety of its employees, servants and the general public. Provided, however, that this section shall not apply to any track, building, sign, guidepost, switch stand or structure of any kind in existence prior to January 1, 1953, nor to any private or industrial siding; provided, further, however, that any private or industrial siding constructed after January 1, 1953, shall, as far as practical, conform to the foregoing provisions.

1952, c. 710.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-418. Repealed.
Repealed by Acts 1996, cc. 114 and 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-419. Duplicate switch keys of railroads; unlawful making, etc.; punishment.
It shall be unlawful for any person to make, buy, sell, or give away to any other person any duplicate key to any lock belonging to, or in use by, any railroad company in this Commonwealth on its switches or switch tracks, except upon the written order of that officer of the railroad company whose duty it is to distribute and issue switch lock keys to the employees of such railroad company. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

Code 1919, § 4019.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-419.1. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-419.2. Safety requirements applicable to vehicles transporting railroad employees.
A. As used in this section "motor vehicle" shall mean any motor vehicle designed for highway use, owned or operated by a railroad, whether or not it is used on the highways of this Commonwealth.

B. No motor vehicle shall be used for transporting one or more railroad employees three miles or more to or from a work situs unless such motor vehicle is constructed and maintained so as to provide safe transportation for such employees.

C. The requirement of safe transportation as set out hereinabove shall include, but not be limited to, the construction and maintenance of motor vehicles so as:

1. To provide an enclosure providing full cover from the elements for all railroad employees being so transported. Such enclosure shall be heated.

2. To provide within said enclosure fixed seats with backs for all railroad employees being so transported.

3. To provide a means to effectively communicate to the driver of the motor vehicle the emergency needs of the railroad employees being so transported.

D. The provisions of this section shall not apply to any motor vehicle when an emergency arises and such vehicle must be used to meet such an emergency.

E. The failure of any railroad company to correct any violation of this section within seven days from receipt of written notice thereof shall subject said company to the penalty provided by § 56-449; provided, however, any unsafe vehicle shall be removed immediately from service until repaired.

1977, c. 628.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-420. Repealed.
Repealed by Acts 1988, c. 7.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-426. Repealed.
Repealed by Acts 1984, c. 227.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-426.1. Repealed.
Repealed by Acts 1988, c. 891.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-427. Repealed.
Repealed by Acts 1996, cc. 114 and 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-428. Railroads liable for damage from fires set out by their engines or trains.
Whenever any person sustains damage from fire occasioned by sparks or coals dropped or thrown from the engine or train of any railroad company, such company shall be liable for the damage so sustained, whether such fire originated on the company's right-of-way or not.

Code 1919, § 3992; 1996, cc. 114, 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-430. Construction of § 56-429; burden of proof.
Section 56-429, so far as it relates to fencing, shall not apply to any part of a railroad located within the corporate limits of a city or town, or between the terminals of switches, or spur tracks, not exceeding 350 yards from the depot, either way, nor to any part of a railroad at a place where there is a cut or embankment with sides sufficiently steep to prevent the passage of stock at such place; nor in an action by an adjacent owner to recover for stock killed or injured on the track shall it apply to a company which has compensated the owner for making and keeping in repair the necessary fencing, but the burden of proving the fact of such compensation shall be on the company, and no report of any commissioners shall be received as proof thereof, unless it shall plainly appear on the face of the report, or from other evidence in connection therewith, that an estimate was made by such commissioners for the fencing, and the expense for the same entered into, and constituted a part of the damages reported and actually paid.

Code 1919, § 3947.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-431. When company not liable for injury on enclosed track.
No railroad company shall be liable for any injury to any person or property on such part of its track as may be enclosed according to the provisions of this chapter, unless it be made to appear that the person or property was thereon by express permission of the company, or through the negligence of its employees, agents or servants, or unless the injury was willful or the result of gross negligence on the part of the company, its servants, agents, or employees.

Code 1919, § 3948.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-432. Liability for injury on track not enclosed.
In any action or suit against a railroad company for an injury to any property on any part of its tracks not enclosed according to the provisions of this chapter it shall not be necessary for the claimant to show that the injury was caused by the negligence of the company, its employees, agents, or servants.

Code 1919, § 3949.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-433. Cattle guards; remedy of aggrieved landowner; penalty.
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' 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.

Code 1919, § 3950; 1994, c. 352.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-434. When cattle guards may be discontinued.
Every railroad company, after erecting the fences mentioned in § 56-429, may discontinue all cattle guards enclosed by such fences, except such as are provided for at public or private crossings, and in lieu thereof the owners of contiguous lands may connect their fences with those of the company at such place or places as they may desire.

Code 1919, § 3951.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-435. Appeal from general district court to circuit court in cattle-guard cases.
In all suits brought before the general district court against railroad companies to recover penalties for failure to construct cattle guards as required by law, either party shall have the right of appeal to the circuit court of the county where such suit is brought, from the judgment of the general district court, without regard to the amount in controversy.

Code 1919, § 3954; 2005, c. 839.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-436. Board of appraisers to appraise injured or killed livestock; duty of appraisers.
Whenever any horses, cattle, or other livestock are killed or injured, or other property damaged, by the cars or locomotives upon any railroad, it shall be lawful for the owner thereof or for the railroad company to have the property examined and the damages assessed by a board of appraisers in the following manner:

Either party, his agent or attorney, may appoint one person as the appraiser in his behalf, and notify the other party; such notice, when intended for the railroad company, shall be sufficient if given by certified mail to the registered agent of such railroad. Then the party so notified shall appoint an appraiser on his behalf, and the two appraisers shall select a third appraiser. These three persons shall constitute a board of appraisers to examine and appraise the property so injured or damaged, and shall examine the horses or other livestock so killed, or injured, or the other property so damaged, and affix a value upon the same if killed, or assess the damages to the same if injured, and make a written report, carefully describing the horses, cattle, or other livestock or property, stating whether killed or injured, and also setting out the valuation or assessment of damages made by them. Such report shall be returned to the office of the clerk of the circuit court of the county or city in which such livestock was killed or injured, who shall file and preserve the same.

Code 1919, § 3994; 1994, c. 352.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-437. Effect of appraisal in case of suit; costs.
If the railroad company fails, for sixty days after such report is so returned to such clerk, to pay to the owner the full amount assessed by the board of appraisers under § 56-436, and the cost attending the assessment, the owner shall have the right to institute suit on the original cause of action. If, upon the trial, he recovers a verdict for an amount equal to or greater than the amount assessed in his favor by the board of appraisers, it shall be the duty of the court to render judgment in his favor for the amount of such verdict, and costs of suit and, of such appraisement, and ten percent damages in addition thereto. If the owner recovers less than the amount so assessed, judgment shall be rendered in his favor for the amount of the verdict and costs of suit and appraisement; but if the company has offered to pay the award, and the owner has refused to accept the same, and he recovers a verdict for an amount less than such assessment, judgment shall be rendered in his favor for the amount of his recovery, but the cost of the appraisement and action shall be taxed against him.

Code 1919, § 3995; 1994, c. 352.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-438. Fee of appraisers.
Appraisers appointed pursuant to the provisions of § 56-436 shall receive for their services each the sum of one dollar.

Code 1919, § 3996; 1994, cc. 352, 432.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-439. Application of §§ 56-436 through 56-438.
The provisions of §§ 56-436 through 56-438 shall not apply to any railroad company which has its line of road enclosed with fences and cattle guards, as required by law.

Code 1919, § 3997.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-439.1. Notice of injury or death of certain livestock; penalty.
Whenever any horses, cattle, or other livestock are injured or killed by the cars or locomotives operating on a railroad, the section master or employee of the railroad having charge of the road at the place where the injury or death occurred shall, if he knows of the incident or should have known of it, within seventy-two hours, notify the owner of the animal or animals or the local law-enforcement agency of the injury or death and the location of the incident in relationship to state routes as well as railroad mile posts. Disposal of any such animal or animals without proper notification shall constitute a Class 1 misdemeanor.

1994, c. 352.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-440. Penalty for failure to remove cause of complaint in cities or towns.
If any railroad, when directed so to do by a valid order of the State Corporation Commission, shall refuse or fail to remove the cause of complaint of the authorities of any incorporated city or town in which such railroad is located, as to the physical condition or operation of such railroad, it shall, in the discretion of the Commission, be fined not less than $10 nor more than $1,000.

Code 1919, § 4001.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-441. Liability for injury to employee.
Every corporation operating a railroad in this Commonwealth, whether such corporation be created under the laws of this Commonwealth or otherwise, shall be liable in damages for any and all injury sustained by any employee of such corporation under the following circumstances:

(1) When such injury results from the wrongful act, neglect or default of an agent or officer of such corporation superior to the employee injured, or of a person employed by such corporation having the right to control or direct the services of such employee injured, or the services of the employee by whom he is injured; and

(2) When such injury results from the wrongful act, neglect or default of a coemployee engaged in another department of labor from that of the employee injured or of a coemployee (notwithstanding the fact that the party injured had the right to direct the services of the coemployee) in the performance of any duty on or about the same or another train of cars, or on or about an engine, or of a coemployee who has charge of any switch, signal point or locomotive engine, or who is charged with dispatching trains or transmitting telegraphic or telephonic orders.

When it shall appear in the evidence at the trial of any action for damages that the accident occurred while the employee was working on an engine or on a car standing upon a track it shall be no defense to such action for the defendant railroad to show that such engine or car was guarded by a derailer or a blue flag or in any other manner. Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of such corporation shall not of itself be a bar to recovery for any injury or death caused thereby.

When death, whether instantaneous or otherwise, results from any injury to any employee of such corporation received as aforesaid, the personal representatives of such employee shall have a right of action therefor against such corporation and may recover damages in respect thereof.

Any contract or agreement, express or implied, made by any such employee to waive the benefit of this section or any part thereof shall be null and void, and this section shall not be construed to deprive any such employee or his personal representative of any right or remedy to which he is now entitled under the laws of this Commonwealth.

The provisions of this section shall always be so restricted in their application as not to conflict with any of the provisions of the Constitution or laws of the United States and as if necessary limitation upon their interpretation had been herein expressed in each case.

1926, p. 853; Michie Code 1942, § 4019a.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-442. Repealed.
Repealed by Acts 1980, c. 142.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-445. Repealed.
Repealed by Acts 1996, cc. 114 and 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-446. Information to State Corporation Commission; penalty.
Every railroad company in this Commonwealth shall, at all times, on request, furnish to the State Corporation Commission any information required by it concerning the track and ancillary facilities or operation of the road, or any other report lawfully required by the Commission and particularly copies of all of its timetables upon such road and other roads with which its business is connected. Copies of information provided to federal agencies are acceptable. Any railroad willfully refusing or failing to furnish any such information in compliance with a Commission order or who willfully or unlawfully hinders, delays, or obstructs the Commission in the discharge of the duties imposed upon it by the Constitution, or by law, shall, in the discretion of the Commission, be fined not less than $10 nor more than $1,000. Each day of such refusal, hindrance, delay, or obstruction shall be considered a separate offense. Fine amounts are to be specified in the order.

Code 1919, § 4002; 1996, cc. 114, 157.
Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-447. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-451.1. Keeping unused tracks in place.
If a railroad company discontinues operations on all or any portion of its line of railroad (other than yard tracks, passing sidings, or tracks unneeded because of the diversion of traffic over parallel or other substitute tracks), it shall notify the governing body of any city, town or county directly served by the portion of line so discontinued. Retention of such track in place shall be in accordance with federal rules and regulations.

1960, c. 443; 1996, cc. 114, 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 13 (RAILROAD CORPORATIONS)
§ 56-451.2. Repealed.
Repealed by Acts 1987, c. 495.
Code of Virginia — Title 56 (Public Service Companies), Chapter 14 (STEAMSHIP COMPANIES [Repealed])
§ 56-452. Repealed.
Repealed by Acts 1970, c. 243.

Code of Virginia — Title 56 (Public Service Companies), Chapter 14 (STEAMSHIP COMPANIES [Repealed])
§ 56-454. Repealed.
Repealed by Acts 1996, cc. 114 and 157.

Code of Virginia — Title 56 (Public Service Companies), Chapter 14 (STEAMSHIP COMPANIES [Repealed])
§ 56-457. Repealed.
Repealed by Acts 1971, Ex. Sess., c. 25.
Code of Virginia — Title 56 (Public Service Companies), Chapter 14.1 (SIGHT-SEEING CARRIERS BY BOAT [Repealed])
§ 56-457.1. Repealed.
Repealed by Acts 1995, cc. 744 and 803.
Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-458.1. Relocation of lines or works of certain public utilities acquired by Commonwealth Transportation Board.
Whenever a telegraph or telephone company, or any company mentioned in Chapter 10 (§ 56-232 et seq.) of this title, shall be required by the Commonwealth Transportation Board, or the Commissioner of Highways, to remove any part of its lines or works off of the right-of-way of a road now or hereafter included in either state highway system, or if any right-of-way, property or interest therein used and occupied by such company with its lines or works, or part thereof, is acquired by the Commonwealth Transportation Board, or the Commissioner of Highways, for the uses of either such highway system, or if such company is notified by such Board or Commissioner of the desire of such Board or Commissioner to acquire such right-of-way, property, or interest therein, used and occupied by such company with its lines or works, or part thereof, for the uses of either such highway system, such company may relocate its lines or works, or the part or parts thereof affected. If unable to agree with the owner or owners for the right-of-way, or property, or interest therein for such relocation, such company, in addition to its other powers, shall have the right to acquire such rights-of-way, or property, or interest therein for the purpose of such relocation of its lines or works, or part or parts thereof in the manner provided by the laws of this Commonwealth for the exercise of the right of eminent domain.

1926, p. 507; Michie Code 1942, § 4384a.

Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-459. Removal of old line not required by this chapter.
Nothing in this chapter shall be construed as authorizing the Commonwealth Transportation Board to require the removal of the lines and works of any telegraph or telephone company from any street or road in either state highway system which such company is occupying by consent of the appropriate board of supervisors or other governing authority obtained under Chapter 159 of the Code of 1919 prior to June 22, 1926, without permitting such company to occupy some other part of the right-of-way existing or acquired for such street or road.

1926, p. 909; Michie Code 1942, § 4038.
Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-460. How consent of appropriate authorities obtained; terms of use.
The consent required under § 56-458, when given, shall be by ordinance regularly adopted by the council or other governing body of the city or town, or by resolution regularly adopted and spread upon the minutes by the board of supervisors or other governing authority of the county, in which such line is to be located, or, if such consent is to be given by the Commonwealth Transportation Board, by an order spread upon the minutes of the Board. Such use of the public parks, roads, turnpikes, streets, avenues, and alleys in any of the cities or towns or counties of this Commonwealth shall be subject to such terms, regulations and restrictions as may be imposed by the corporate authorities of any such city or town, or the board of supervisors or other governing authority of any such county, except that if the road or street be in either state highway system, as now or hereafter established, any occupation and use thereof under the provisions of this chapter, whether by consent heretofore or hereafter obtained, shall be subject to such terms, regulations and restrictions as may be imposed by the Commonwealth Transportation Board not in conflict in incorporated cities and towns with any vested contractual rights of such company with such city or town.

Code 1919, § 4037; 1926, p. 908.

Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-461. Cost to Commonwealth in connection with construction of line to be paid by company.
The actual costs and expenses of the Commonwealth in the investigation by the Commonwealth Transportation Board of the application of any company for a permit, and in the supervision of the construction or installation of any of the works of the company, under the provisions of this chapter, shall be borne by such company, and paid before commencing the use of any road or street in either state highway system, under any permit of the Commonwealth Transportation Board, under the provisions of this chapter, which sum shall be paid into the state treasury to the credit of the state highway fund.

Code 1919, § 4037; 1926, p. 909.
Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-463. Company may contract for right-of-way, etc.
Every telegraph or telephone company and every cable operator that has a franchise to use the public rights-of-way in a locality may contract with any person, the owner of lands, or of any interest, franchise, privilege, or easement therein or in respect thereto, over which such line is proposed to be constructed, for the right-of-way for erecting, repairing, and preserving its poles and other structures necessary for operating its line, and in the case of telegraph or telephone companies, for sufficient land for the erection and occupation of offices at suitable distances along its line for the public accommodation. No such company or operator may be required by the Commission or other governmental regulatory entity to accept any such interest, franchise, privilege, or easement that restricts the services that may legally be offered by the company or operator.

Code 1919, § 4039; 2009, c. 331.

Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-464. Right of eminent domain.
If the company and such owner cannot agree on the terms of such contract, the company may acquire such right-of-way in the manner provided by the laws of this Commonwealth for the exercise of the right of eminent domain. The title which may be acquired by a telegraph or telephone company under this section shall be only to a right-of-way for the purpose stated in § 56-463; and no right-of-way acquired by any such company under this or the preceding sections of this chapter shall be to the exclusion of other like companies from having or acquiring a like right-of-way over the same lands.

Code 1919, § 4040.

Code of Virginia — Title 56 (Public Service Companies), Chapter 15 (TELEGRAPH AND TELEPHONE COMPANIES)
§ 56-465. Preceding sections subject to repeal or change at pleasure.
The preceding sections of this chapter and also §§ 56-466, 56-467 and 56-484 shall be subject to repeal, alteration, or modification, and the rights and privileges acquired thereunder shall be subject to revocation or modification by the General Assembly at its pleasure.

Code 1919, § 4041.