CHAPTER 435

An Act to amend and reenact §§ 56-345, 56-346 and 56-347 of the Code of
Virginia, relating to the consolidation or merger and certain powers
of railroad corporations; and to repeal §§ 56-339, 56-340, 56-341,
56-842, 56-348, 56-844, 56-849, 56-850, 56-3851, 56-355, 56-356, 56-357,
56-358 and 56-870 of the Code of Virginia, relating to the creation
of railroad corporations, the powers and duties of railroad corporations
and extensions of lines by railroad corporations. § 20]
[

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 56-345, 56-346 and 56-347 of the Code of Virginia be amended
and reenacted as follows:

§ 56-345. Consolidation or Merger. * —No transportation com-
pany in which the State owns stock, bonds or other dividend obligations
shall be consolidated or merged * unless the State consents thereto by
legislative enactment and the Commission shall determine and enter upon
its records that the terms of the contract of merger are fair and just to the
pate and the interests of the State are properly provided for and protected
therein.

§ 56-346. Certain powers conferred by law on railroad corporations.—
In addition to the powers conferred by Title 18.1, every corporation
of this State organized to conduct a railroad business shall have power
to cause to be made such examinations and surveys for its proposed rail-
road as are necessary to the selection of the most advantageous route or
routes, or for the improvement or straightening of its line or change of
location, for constructing or providing additional tracks or facilities or for
any other work or thing mentioned in § 56-347; and for such purposes, by
its officers and servants, to enter upon the lands or waters of any person,
but subject to responsibility for all damages that may be done thereto.

§ 56-347. Power of Condemnation; Limitation.—In the event that
any corporation of this State organized to conduct a railroad business
cannot, because of the incapacity of the owner, or inability to agree upon
the price or terms, or because the owner cannot, with reasonable diligence,
be found in this State, or is unknown, agree on terms of purchase with
those entitled to any land, sand, earth, gravel, water or other material
necessary to be taken and used in the construction, maintenance, opera-
tion or improvement of such railroad, or in the straightening of its line or
change of its location, or in constructing or providing depots, stations,
shops, yards, terminals, or additional tracks or facilities, or for other
necessary railroad purposes, it may proceed for the condemnation thereof
in the manner and under the restrictions prescribed by the general statute
of this State relative to the condemnation of lands; but such corporation
shall not take by condemnation proceedings a strip of land for its right
of way wider than one hundred feet, except at places where more land is
required for slopes, ditches, cuts, tunnels, embankments, or for the im-
provement or straightening of its line, or change of location, or for drain-
age, or for depositing waste material.

2. That §§ 56-339, 56-340, 56-341, 56-342, 56-343, 56-344, 56-349, 56-350,
56-351, 56-355, 56-356, 56-357, 56-358 and 56-370 of the Code of Virginia
are hereby repealed.

. The provisions hereof shall become effective January one, nineteen
hundred fifty-seven.