Chap. 297.—An ACT to amend and re-enact section 3885 of the Code of Vir-
ginia, prescribing the procedure and conditions under which a public ser-
vice corporation, if it becomes necessary in the construction of its work,
or in changing its grade, or in double ¢ tracking the same, may cross any
State or county road. [H RB 347]

Approv ed March 19, 1920.

Be it enacted by the general assembly of Virginia, That section
thirty-eight hundred and eighty-five of the Code of Virginia be
amended and re-enacted so as to read as follows:

If any public service corporation deems it necessary in the con-
struction of its works or in changing its grade or line, or in double
tracking the same, or if for any reason it is required to cross a State
or county road at grade, or at an elevation above the grade of said
highway, or below the grade of said highway, it may do so under the
following conditions:

1. Such crossing be so located, constructed and operated as not
to impair, impede or obstruct, in any material degree, the State or
county road to be crossed, and so that the use of said highway by the
public will not be materially interfered with and so as not to render
it less safe and convenient for the passage or transportation of persons
or property along the same.

2. Such crossings shall be supported by such permanent and
proper structures and fixtures, and shall be controlled by such custo-
mary and approved appliances, methods, and regulations as will best
secure the safe passage and transportation of persons and property at
and along the State or county road along the line of the public service
corporation, and will not be injurious to the highway to be crossed,
and if an underpass overhead or grade crossing be provided for the
State or county road, it shall be constructed with proper approaches
and proper drainage of the approaches and underpass overhead, or
grade crossing, so that the road therein may be safe, convenient and
dry.
3. The cost of such crossings, their appliances and apparatus,
and of the repair and operation of the same, shall be borne by the
railroad, canal, or other public service corporation desiring or re-
quired to make the crossing.

4. Before the work is commenced upon the crossing, the presi-
dent or general managing officer of the public service corporation
which proposes to cross the public road shall make written applica-
tion to and submit to the board of supervisors and to the State high-
way commissioner plans, specifications, appliances, and methods of
operation ; and if the said plans and specifications are not accepted by
the board of supervisors and by the State highway commissioner
within sixty days after the same shall have been delivered to the clerk
of the board of supervisors and to the State highway commissioner,
the president or general managing officer of ‘the railroad, canal, or
other public service corporation may then proceed with the construc-
tion and operation of the said crossing, under the plans and specifica-
tions, and with the appliances and methods so submitted.

5. The board of supervisors, or the State highway commissioner
may, however, within thirty days from the date of the submission of
said plans and specifications, reject the same, and the board of super-
visors, or the State highway commissioner, may apply to the State
corporation commission to inquire into the necessity for the crossing,
and the propriety of the proposed location, and all matters pertain-
ing to its construction and operation; and, thereupon, the State cor-
poration commission, in its discretion, may, after notice served upon
the public service corporation, the board of supervisors, and the State
highway commissioner, suspend work on said crossing for such rea-
sonable time prescribed in said notice as it may deem necessary to
make such inquiry. The said State corporation commission may, in
its discretion, employ expert engineers, at a cost not to exceed five
hundred. dollars, to be paid by the railroad, canal, or other public ser-
vice corporation desiring the crossing; who shall, with the State
corporation commission, or some member thereof, or such person as
the said commission may designate, examine the said location, plans,
specifications, and methods proposed to be employed, and shall hear
any objection, and consider any modification that the board of super-
visors or the State highway commissioner may desire to offer, and.
within such time as the State corporation commission may fix, it
shall reject, approve, or modify the said plans and specifications, and
the final order of the State corporation commission shall, unless an
appeal be taken to the supreme court of appeals by any party to the
proceeding within thirty days of the date of the final order of the
said commission, be final and binding on the public service corpora-
tion and the board of supervisors, and the State highway commission.

6. If any such public service corporation desires that the course
of any public road shall be changed to avoid the necessity of anv
crossing, or frequent crossings of the same, or for any other purpose
in connection with the crossing, the change may be made in such
manner, and on such terms as may be agreed on by the company de-
siring the change and by the board of supervisors, and the State high-
way commissioner, after changes shall have been first clearly in-
dicated on plans and specifications submitted to the board of super-
visors and the State highway commissioner, and after the plans and
specifications shall have been approved in writing both by the board
of supervisors and the State highway commissioner.

7. If any such crossing or changes as is provided in this section
cause damage to county property, or public highway, or to the owners
or occupants of lands, the company exercising the privileges herein
granted shall make proper compensation for such damage.

8. Upon failure of the company desiring to make the crossing
to receive notice of the acceptance of the said plans and specifications
within sixty days from the submission of the same as aforesaid, or
upon the adoption of plans, appliances and methods by the State cor-
poration commission, or if an appeal be taken as aforesaid, upon the
adoption by the supreme court of appeals of the plans, appliances and
methods prescribed by the State corporation commission and the pay-
ment of the proper compensation to the State or county for damages
to the State or county property, or to the owner or occupant of lands,
such damage to be ascertained according to the laws regulating the
exercise of eminent domain, work may be commenced immediately,
provided no State or county road or stream, or water course, shall be
altered, closed or obstructed by any such company for the purposes
aforesaid until it shall have first submitted plans and specifications
to the board of supervisors, and the State highway commissioner, of
the proposed alteration, closing and obstruction, and until after the
said plans and specifications shall have been first approved in writing
both by the board of supervisors and the State highway commissioner ;
said company shall provide and construct an equally convenient high-
way or waterway in lieu thereof.