Chap. 734.—An ACT to amend and re-enact section 1072 of the code of Virginia,
in reference to the construction of railroads, as amended and re-enacted by
acts approved February 13, 1890, and February 25, 1892.

Approved March 5, 18%.

1. Be it enacted by the general assembly of Virginia, That section
ten hundred and seventy-two of the code of Virginia, as amended
by the acts of the general assembly approved February thirteenth,
eighteen hundred and ninety, and February twenty-fifth, eighteen
hundred and ninety-two, be amended and re-enacted so as to read
as follows:

§ 1072. Company for internal improvement may enter upon land
to make surveys.—Any company incorporated for a work of internal
improvement may, by its officers, agents or servants, enter upon any
lands for the purpose of examining the same and surveying and
laying out such as may seem fit to an officer or agent authorized by
it: provided that no injury be done the owner or possessor of the
land. But no company shall, under the authority of this section
throw open any fences or enclosures on any land, or construct ite
works through the same, or in any way injure the property of the
owner or possessor without his consent; nor shall a company, unde
any provision of this chapter, invade the dwelling-house of any
person in any city or town, or any space within sixty feet thereof
without the consent of the owner, except in the case of a railroad
company, when it is deeided by the commissioners (appointed tc
ascertain the value of the land to be taken) that it would otherwise
be impracticable, without unreasonable expense, to construct such
railroad, and except, further, in the case of the occupancy by a rail-
road company of the streets or alleys, public or private, of any city
or town in pursuance to permission obtained from the corporate au-
thorities of said city or town; nor shall a company, under any pro-
vision of this chapter, invade the dwelling-house of any person in
any county, or any space within sixty feet thereof, without the con-
sent of the owner, except in the case of a railroad company, when it
is decided by the commissioners (appointed to ascertain the value
of the land to be taken) that it would otherwise be impracticable,
without unreasonable expense, to construct such railroad by reason
of the conformation of the county.
2. This act shall be in force from its passage.