§ 62.1-98. Right of eminent domain of public service corporations.
In addition to any right or power of eminent domain that it may have underexisting law, every public service corporation engaged in the development ofwaterpower in this Commonwealth for the production, sale and supply ofhydroelectric power and energy to the public shall be vested with the rightof eminent domain to the full extent requisite for the acquisition of alllands, property and rights necessary for the purpose of the construction,enlargement, maintenance or operation of any dam, reservoir, power stationand/or other structures of any such water-power development, subject to thefollowing provisions:
1. Such corporation may, by the exercise of such right for such purpose,acquire all necessary lands, property and rights of whatsoever nature,whether or not such lands, property or rights have been theretoforeappropriated or devoted, or sought to be appropriated or devoted to publicuse, including but not restricted to, the lands, property and rightsnecessary for any storage, diversion, regulation, detention, or interferencewith the flow of any water and for any waterway and including also, but notrestricted to, any lands, structures, property or rights owned, used or heldby or for public or private, religious, charitable, educational or cemeterypurposes; any dwelling houses and any public or private roads and bridges,and any other property, public or private, when necessary for such purpose;provided, however, that the right of eminent domain under this section shallnot be available against existing public-carrier railroads; and providedfurther that, in the event of the condemnation under this chapter of anyroads or bridges, the commissioners or jurors in assessing the compensationand damages therefor, shall consider the cost of relocating and constructingsuch roads or bridges upon other reasonable convenient locations, and thedamage, if any, to persons and corporations because of relocation andconstruction. No such corporation shall impair the drinking water supply ofany city or town or acquire any municipal electric light and power or waterplant by virtue of any additional powers conferred by this chapter; providedfurther that the provisions of this section shall not be construed toauthorize the acquisition by condemnation or otherwise of any streets oralleys or portions thereof in incorporated cities or towns.
2. When, in the operation of any dam, power station or other structure of awater-power development, any such public service corporation interferes, toan extent beyond its common-law riparian rights, with the flow of waterdownstream from such structure and by reason of such interference anyproperty or riparian right, or any part thereof or interest therein, isdestroyed or damaged, such corporation may exercise the right of eminentdomain for the purpose of acquiring such property, right or interest sodestroyed or of ascertaining and paying just compensation for any such damage.
3. In connection with the exercise of the right of eminent domain over publicand private cemeteries, such corporation shall also have the right to acquireby condemnation proceedings other lands to which to remove the bodies andmonuments or other structures from such public or private cemeteries. All therights of the owners, including the Commonwealth, in and to the lands in suchcemeteries shall pass to and vest in such corporation and the title to thelands acquired for the removal of such cemeteries shall vest in the formerowners and such others as may have rights therein of such cemeteries soremoved. However, before such corporation may flood or otherwise utilize anysuch cemetery, it shall remove the bodies and monuments or other structuresto the lands acquired for such purpose and reinter the bodies and reset themonuments, under the direction and to the satisfaction of the court in whichsuch condemnation proceedings are brought. If the parties in interest fail toagree as to the location and area of the additional lands to be acquired inwhich to reinter the bodies and on which to rest the monuments and otherstructures, the same shall be determined by the court.
4. For the purpose of relocating any railway, pipeline, wire line, road orbridge occupying the area on which any such water-power development orenlargement thereof is to be located, such corporation may acquire by theexercise of the right of eminent domain, any needful additional lands orother property, whether within or without the area upon such water-powerdevelopment or enlargement thereof is to be located, and shall have the rightfor such purpose and shall convey such lands or other property or rights tothe owner of such railway, pipeline, wire line, road or bridge.
5. In all cases of the exercise of such right of eminent domain justcompensation shall be paid to the owners and tenants of the property taken ordamaged, in the manner provided by law for all property taken or damaged. Theproceedings for this purpose shall be in accordance with Chapter 2 (§25.1-200 et seq.) of Title 25.1 and other provisions of law. As to any partof the real estate sought to be taken for any of the purposes authorized inthis chapter, such corporation may describe in its application forcondemnation an estate or interest therein of a fee or less than a fee and,upon payment therefor, such estate or interest as is stated and described insuch application shall vest in such corporation; but when less than a fee istaken, the commissioners or jurors in assessing damages shall take intoconsideration the actual damage that is done or that may be done to the feeby such taking, including the use to which the property so taken will be putby such corporation. However, nothing contained in § 62.1-97 shall depriveany owner of property of any right to receive just compensation and damagesas provided by law, upon the exercise of the right of eminent domain by anylicensee under this chapter.
6. Any public service corporation that shall exercise any of the additionalpowers of eminent domain granted in this chapter and not existing under thelaw in effect January 1, 1928, shall thereby be conclusively deemed to haveagreed, as a condition precedent to the exercise of such powers, to be boundby all of the provisions of this chapter.
(Code 1950, § 62-87; 1968, c. 659; 2003, c. 940; 2006, c. 586; 2010, c. 835.)
§ 62.1-98. Right of eminent domain of public service corporations.
In addition to any right or power of eminent domain that it may have underexisting law, every public service corporation engaged in the development ofwaterpower in this Commonwealth for the production, sale and supply ofhydroelectric power and energy to the public shall be vested with the rightof eminent domain to the full extent requisite for the acquisition of alllands, property and rights necessary for the purpose of the construction,enlargement, maintenance or operation of any dam, reservoir, power stationand/or other structures of any such water-power development, subject to thefollowing provisions:
1. Such corporation may, by the exercise of such right for such purpose,acquire all necessary lands, property and rights of whatsoever nature,whether or not such lands, property or rights have been theretoforeappropriated or devoted, or sought to be appropriated or devoted to publicuse, including but not restricted to, the lands, property and rightsnecessary for any storage, diversion, regulation, detention, or interferencewith the flow of any water and for any waterway and including also, but notrestricted to, any lands, structures, property or rights owned, used or heldby or for public or private, religious, charitable, educational or cemeterypurposes; any dwelling houses and any public or private roads and bridges,and any other property, public or private, when necessary for such purpose;provided, however, that the right of eminent domain under this section shallnot be available against existing public-carrier railroads; and providedfurther that, in the event of the condemnation under this chapter of anyroads or bridges, the commissioners or jurors in assessing the compensationand damages therefor, shall consider the cost of relocating and constructingsuch roads or bridges upon other reasonable convenient locations, and thedamage, if any, to persons and corporations because of relocation andconstruction. No such corporation shall impair the drinking water supply ofany city or town or acquire any municipal electric light and power or waterplant by virtue of any additional powers conferred by this chapter; providedfurther that the provisions of this section shall not be construed toauthorize the acquisition by condemnation or otherwise of any streets oralleys or portions thereof in incorporated cities or towns.
2. When, in the operation of any dam, power station or other structure of awater-power development, any such public service corporation interferes, toan extent beyond its common-law riparian rights, with the flow of waterdownstream from such structure and by reason of such interference anyproperty or riparian right, or any part thereof or interest therein, isdestroyed or damaged, such corporation may exercise the right of eminentdomain for the purpose of acquiring such property, right or interest sodestroyed or of ascertaining and paying just compensation for any such damage.
3. In connection with the exercise of the right of eminent domain over publicand private cemeteries, such corporation shall also have the right to acquireby condemnation proceedings other lands to which to remove the bodies andmonuments or other structures from such public or private cemeteries. All therights of the owners, including the Commonwealth, in and to the lands in suchcemeteries shall pass to and vest in such corporation and the title to thelands acquired for the removal of such cemeteries shall vest in the formerowners and such others as may have rights therein of such cemeteries soremoved. However, before such corporation may flood or otherwise utilize anysuch cemetery, it shall remove the bodies and monuments or other structuresto the lands acquired for such purpose and reinter the bodies and reset themonuments, under the direction and to the satisfaction of the court in whichsuch condemnation proceedings are brought. If the parties in interest fail toagree as to the location and area of the additional lands to be acquired inwhich to reinter the bodies and on which to rest the monuments and otherstructures, the same shall be determined by the court.
4. For the purpose of relocating any railway, pipeline, wire line, road orbridge occupying the area on which any such water-power development orenlargement thereof is to be located, such corporation may acquire by theexercise of the right of eminent domain, any needful additional lands orother property, whether within or without the area upon such water-powerdevelopment or enlargement thereof is to be located, and shall have the rightfor such purpose and shall convey such lands or other property or rights tothe owner of such railway, pipeline, wire line, road or bridge.
5. In all cases of the exercise of such right of eminent domain justcompensation shall be paid to the owners and tenants of the property taken ordamaged, in the manner provided by law for all property taken or damaged. Theproceedings for this purpose shall be in accordance with Chapter 2 (§25.1-200 et seq.) of Title 25.1 and other provisions of law. As to any partof the real estate sought to be taken for any of the purposes authorized inthis chapter, such corporation may describe in its application forcondemnation an estate or interest therein of a fee or less than a fee and,upon payment therefor, such estate or interest as is stated and described insuch application shall vest in such corporation; but when less than a fee istaken, the commissioners or jurors in assessing damages shall take intoconsideration the actual damage that is done or that may be done to the feeby such taking, including the use to which the property so taken will be putby such corporation. However, nothing contained in § 62.1-97 shall depriveany owner of property of any right to receive just compensation and damagesas provided by law, upon the exercise of the right of eminent domain by anylicensee under this chapter.
6. Any public service corporation that shall exercise any of the additionalpowers of eminent domain granted in this chapter and not existing under thelaw in effect January 1, 1928, shall thereby be conclusively deemed to haveagreed, as a condition precedent to the exercise of such powers, to be boundby all of the provisions of this chapter.
(Code 1950, § 62-87; 1968, c. 659; 2003, c. 940; 2006, c. 586; 2010, c. 835.)
§ 62.1-98. Right of eminent domain of public service corporations.
In addition to any right or power of eminent domain that it may have underexisting law, every public service corporation engaged in the development ofwaterpower in this Commonwealth for the production, sale and supply ofhydroelectric power and energy to the public shall be vested with the rightof eminent domain to the full extent requisite for the acquisition of alllands, property and rights necessary for the purpose of the construction,enlargement, maintenance or operation of any dam, reservoir, power stationand/or other structures of any such water-power development, subject to thefollowing provisions:
1. Such corporation may, by the exercise of such right for such purpose,acquire all necessary lands, property and rights of whatsoever nature,whether or not such lands, property or rights have been theretoforeappropriated or devoted, or sought to be appropriated or devoted to publicuse, including but not restricted to, the lands, property and rightsnecessary for any storage, diversion, regulation, detention, or interferencewith the flow of any water and for any waterway and including also, but notrestricted to, any lands, structures, property or rights owned, used or heldby or for public or private, religious, charitable, educational or cemeterypurposes; any dwelling houses and any public or private roads and bridges,and any other property, public or private, when necessary for such purpose;provided, however, that the right of eminent domain under this section shallnot be available against existing public-carrier railroads; and providedfurther that, in the event of the condemnation under this chapter of anyroads or bridges, the commissioners or jurors in assessing the compensationand damages therefor, shall consider the cost of relocating and constructingsuch roads or bridges upon other reasonable convenient locations, and thedamage, if any, to persons and corporations because of relocation andconstruction. No such corporation shall impair the drinking water supply ofany city or town or acquire any municipal electric light and power or waterplant by virtue of any additional powers conferred by this chapter; providedfurther that the provisions of this section shall not be construed toauthorize the acquisition by condemnation or otherwise of any streets oralleys or portions thereof in incorporated cities or towns.
2. When, in the operation of any dam, power station or other structure of awater-power development, any such public service corporation interferes, toan extent beyond its common-law riparian rights, with the flow of waterdownstream from such structure and by reason of such interference anyproperty or riparian right, or any part thereof or interest therein, isdestroyed or damaged, such corporation may exercise the right of eminentdomain for the purpose of acquiring such property, right or interest sodestroyed or of ascertaining and paying just compensation for any such damage.
3. In connection with the exercise of the right of eminent domain over publicand private cemeteries, such corporation shall also have the right to acquireby condemnation proceedings other lands to which to remove the bodies andmonuments or other structures from such public or private cemeteries. All therights of the owners, including the Commonwealth, in and to the lands in suchcemeteries shall pass to and vest in such corporation and the title to thelands acquired for the removal of such cemeteries shall vest in the formerowners and such others as may have rights therein of such cemeteries soremoved. However, before such corporation may flood or otherwise utilize anysuch cemetery, it shall remove the bodies and monuments or other structuresto the lands acquired for such purpose and reinter the bodies and reset themonuments, under the direction and to the satisfaction of the court in whichsuch condemnation proceedings are brought. If the parties in interest fail toagree as to the location and area of the additional lands to be acquired inwhich to reinter the bodies and on which to rest the monuments and otherstructures, the same shall be determined by the court.
4. For the purpose of relocating any railway, pipeline, wire line, road orbridge occupying the area on which any such water-power development orenlargement thereof is to be located, such corporation may acquire by theexercise of the right of eminent domain, any needful additional lands orother property, whether within or without the area upon such water-powerdevelopment or enlargement thereof is to be located, and shall have the rightfor such purpose and shall convey such lands or other property or rights tothe owner of such railway, pipeline, wire line, road or bridge.
5. In all cases of the exercise of such right of eminent domain justcompensation shall be paid to the owners and tenants of the property taken ordamaged, in the manner provided by law for all property taken or damaged. Theproceedings for this purpose shall be in accordance with Chapter 2 (§25.1-200 et seq.) of Title 25.1 and other provisions of law. As to any partof the real estate sought to be taken for any of the purposes authorized inthis chapter, such corporation may describe in its application forcondemnation an estate or interest therein of a fee or less than a fee and,upon payment therefor, such estate or interest as is stated and described insuch application shall vest in such corporation; but when less than a fee istaken, the commissioners or jurors in assessing damages shall take intoconsideration the actual damage that is done or that may be done to the feeby such taking, including the use to which the property so taken will be putby such corporation. However, nothing contained in § 62.1-97 shall depriveany owner of property of any right to receive just compensation and damagesas provided by law, upon the exercise of the right of eminent domain by anylicensee under this chapter.
6. Any public service corporation that shall exercise any of the additionalpowers of eminent domain granted in this chapter and not existing under thelaw in effect January 1, 1928, shall thereby be conclusively deemed to haveagreed, as a condition precedent to the exercise of such powers, to be boundby all of the provisions of this chapter.
(Code 1950, § 62-87; 1968, c. 659; 2003, c. 940; 2006, c. 586; 2010, c. 835.)
