reglab/housing_qa huggingface dataset:
VA Code § 56-430 (2021)
2021 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.
VA Code § 56-431 (2021)
2021 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.
VA Code § 56-432 (2021)
2021 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.
VA Code § 56-433 (2021)
2021 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.
VA Code § 56-434 (2021)
2021 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.
VA Code § 56-435 (2021)
2021 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.
VA Code § 56-436 (2021)
2021 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.
VA Code § 56-437 (2021)
2021 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.
VA Code § 56-438 (2021)
2021 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.
VA Code § 56-439 (2021)
2021 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.
VA Code § 56-439.1 (2021)
2021 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.
VA Code § 56-440 (2021)
2021 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.
VA Code § 56-441 (2021)
2021 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.
VA Code § 56-446 (2021)
2021 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.
VA Code § 56-451.1 (2021)
2021 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.
VA Code § 56-458.1 (2021)
2021 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.
VA Code § 56-459 (2021)
2021 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.
VA Code § 56-460 (2021)
2021 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.
VA Code § 56-461 (2021)
2021 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.
VA Code § 56-463 (2021)
2021 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.
VA Code § 56-464 (2021)
2021 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.
VA Code § 56-465 (2021)
2021 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.
VA Code § 56-466 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 15 - Telegraph and Telephone Companies|§ 56-466. Location of posts, poles, cables and conduits; height of wires, etc.

All posts, poles, wires, cables and conduits which shall be erected by any authority in the preceding sections of this chapter conferred shall be so located as in no way to obstruct or interfere with public travel or the ordinary use of, or the safety and convenience of persons traveling through, on, or over, the public parks, roads, turnpikes, streets, avenues, alleys, railroads, or waters in or upon which the same may be erected, and all wires fastened upon posts or poles erected as aforesaid shall be placed at a height of not less than eighteen feet above all road crossings, and twenty-three feet above railroad crossings, and no conduits shall be laid nor posts or poles erected upon the soil or property of any person without first obtaining the consent of the owner thereof, nor shall any such wires or cables be strung across the soil, property, or premises of any person, or attached to or connected with any shade or ornamental tree, or any private building, without the consent of the owner thereof.Such poles, wires, cables and conduits shall not in anywise damage private property without compensation therefor, nor in any way obstruct the navigation of any stream, or impair or endanger the use thereof by the public, or by any person or corporation entitled to the use of the same. Such conduits shall be laid at such distance below the surface of any public park, road, turnpike, street, avenue, or alley, and at such distance from the outside of any gas or water main or other conduit already laid under such public park, road, turnpike, street, avenue, or alley, as may be prescribed by the proper municipal, county, or state authorities.Code 1919, §§ 4035, 4038; 1926, pp. 908, 909; 1976, c. 268.