Chap. 667.—An ACT to amend and re-enact section 1089 of the Code of Virginia,
in referenee to the power of a railroad company to change the location of it-
railroad, and to straighten and improve its line of railroad.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That section tet.
hundred and eighty-nine of the Code of Virginia shall be, and the sane
hereby is, amended and re-enacted so as to read as follows:

§ 1089. Company may change locations; how; land of former loeation
io revert to owner; proceedings to straighten and improve grades.—Not-
withstanding a company may have made a location of lands for its pur.
jioses, and proceeded to ascertain the compensation therefor, the com-
pany may afterwards change its location, from time to time, as often as 1
may sce cause; and proceedings may be had to ascertain what will be i
just compensation for the lands upon any such new location, and the
work may be constructed upon or through the same, and the title to such
lands obtained in like manner as if it were the first location. But when-
ever a change of location authorized by this section shall be made, the
title to the lands condemned for the former location shall revert to tlhe
original owner, his heirs or assigns. And full power and authority is
hereby given any railroad company chartered by the State of Virginia te
change the location of any part of the line of its railroad between its ex-
isting termini, in order to straighten or improve the same, whenever such
change may tie considered desirable by its board of directors, so as to
shorten the distance between its termini or between its main line, and
the terminus of any branch, or so as to improve the grades or alignment
of said main line or branch; but in making such change or improvement
no road shall be permitied to abandon its own tracks or road-bed and
adopt and use the tracks or road-bed of any other railroad in lieu of its
own; and proceedings may be had to ascertain what will be a just com-
pensation for the lands required for such new location in the manner
provided in this chapter, and the work may be constructed upon or
through the same, and the titles to such lands obtained in like manner
as if it were the first location: provided, however, that such new line sha!l
he located at no greater distance than one mile from any station already
established on said railroad, and at no greater distance than two miles
from any point on the then existing line of said road: and provided.
further, that if anv station shall be “abandoned in consequence of such
change, that then, and in that event, another station shall be established
in lien thereof at the nearest practicable point thereto: and provided
further, that in so changing the location of its lines no company shal
remove its lines from one county to another, nor abandon a county whic
subscribed money to the building of such lines through such county: an
provided, further, that no such change of route which would amount |
an abandonment of a station at any town or village having a populatio:
of one hundred inhabitants or over, having a courthouse or county seat
shall be made: provided, further, that whenever any station shall be s
abandoned at which there shall be located any manufacturing establish
ment or establishments of the assessed value of five thousand dollars o
over, the owners of such establishment shall be paid such damages a
they may sustain by reason of said change of location, not execeding th
assessed value thereof, such damages to be ascertained by commissioner
appointed for that purpose by the court of the county in which said station
is located.
2. This act shall be in force from its passage.