CHAPTER 221

An Act to amend and reenact § 56-347, as amended, of the Code of
Virginia, relating to the power of condemnation of railroad corpora-
tions and limitations thereof.

fH 191]

Approved March 10, 1962

Be it enacted by the General Assembly of Virginia:

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

§ 56-347. * In addition to the powers conferred by Title 18.1, every
corporation of this State organized to conduct a railroad business * shall
have the power to acquire by the exercise of the right of eminent domain
any lands or estates or interests therein, sand, earth, gravel, water or
other material, structures, rights of way, easements or other interests
in lands, including lands under water and riparian rights, of any person,
which are deemed necessary for the purposes of construction, reconstruc-
tion, alteration, straightening, relocation, operation, maintenance, improve-
ment or repair of its lines, facilities or works including depots, stations,
shops, yards, industrial spurs, switches and sidetracks, terminals or addi-
tional tracks or facilities, and for all other necessary railroad purposes
and purposes incidental thereto, for its use in serving the public, includ-
ing permanent, temporary, continuous, periodical or future use, whenever
such corporation cannot agree upon the terms of purchase or settlement
with any such person because of the incapacity of such person or because
of the inability to agree on the compensation to be paid or other terms of
settlement or purchase, or because any such person cannot with reasonable
diligence be found or is unknown or is a nonresident of the State, or is
unable to convey valid title to such property. Such proceedings shall be
conducted in the manner provided by Chapter 1.1 of Title 25 and shall
be subject to the provisions of § 25-233. Provided, however, such corpora-
tion shall not take by condemnation proceedings a strip of land for its
right of way within sixty feet of the dwelling house of any person except
(a) when the court having jurisdiction of the condemnation proceeding
finds, after notice of motion to be granted authority to do so to the owner
of such dwelling house, given in the manner provided in §§ 25-46.9,
25-46.10 and 25-46.12, and a hearing thereon, that it would otherwise be
impractical, without unreasonable expense, to construct the proposed works
of the corporation at another location; or (b) in case of occupancy of the
streets or alleys, public or private, of any county, city or town, in pursuance
of permission obtained from the board of supervisors of such county or the
corporate authorities of such city or town; or (c) in case of occupancy of
the highways of this State or of any county, in pursuance of permission
obtained from the authorities having jurisdiction over such highways.