State Codes and Statutes
Statutes > Virginia > Title-56 > Chapter-22-1 > 56-575-13§ 56-575.13. Utility crossing.
The private entity and each public service company, public utility, railroad,and cable television provider, whose facilities are to be crossed or affectedshall cooperate fully with the other entity in planning and arranging themanner of the crossing or relocation of the facilities. Any such entitypossessing the power of condemnation is hereby expressly granted such powersin connection with the moving or relocation of facilities to be crossed bythe qualifying project or that must be relocated to the extent that suchmoving or relocation is made necessary or desirable by construction of,renovation to, or improvements to the qualifying project, which shall beconstrued to include construction of, renovation to, or improvements totemporary facilities for the purpose of providing service during the periodof construction or improvement. Any amount to be paid for such crossing,construction, moving or relocating of facilities shall be paid for by theprivate entity. Should the private entity and any such public servicecompany, public utility, railroad, and cable television provider not be ableto agree upon a plan for the crossing or relocation, the Commission maydetermine the manner in which the crossing or relocation is to beaccomplished and any damages due arising out of the crossing or relocation.The Commission may employ expert engineers who shall examine the location andplans for such crossing or relocation, hear any objections and considermodifications, and make a recommendation to the Commission. In such a case,the cost of the experts is to be borne by the private entity. Suchdetermination shall be made by the Commission within ninety days ofnotification by the private entity that the qualifying project will crossutilities subject to the Commission's jurisdiction.
(2002, c. 571; 2005, c. 865.)
