Chap. 549.—An ACT to amend and re-enact sections 4035, 4037 and 4038 of the
Code of Virginia. (S B 243]
Approved March 29, 1926.

1. Be it enacted by the general assembly of Virginia, That sec-
tions four thousand and thirty-five, four thousand and thirty-seven
and four thousand and thirty-eight, of the Code of Virginia, be amend-
ed and re-enacted so as to read as follows:

Section 4035. Erection of lines parallel to railroads, occupation
of roads, streets, etcetera.—Every telegraph company and every tele-
phone company incorporated by this or any other State, or by the
United States, may construct, maintain, and operate its line along and
parallel to any of the railroads of the State, and shall have authority
to occupy and use the public parks, roads, works, turnpikes, streets,
avenues and alleys in any of the counties, with the consent of the board
of supervisors thereof, or in any incorporated city or town, with the
consent of the council thereof, and the water-ways within this State,
for the erection of poles and wires, or cables, or the laying of under-
ground conduits, portions of which they may lease, rent, or hire to
other like companies, but such poles, wires, cables, and conduits shall
not in any wise obstruct or interfere with public travel, or the ordinary
use of such railroads, parks, roads, works, turnpikes, streets, avenues,
alleys or waters, or damage private property without compensation
therefor, nor in any way obstruct the navigation of any stream, or
impair or endanger the use thereof by the public, or by any person or
corporation entitled to the use of the same; provided, however, that if
‘the road or street be in the State highway system, as now or hereafter
established, the consent of the board of supervisors of any county shall
not be necessary, but a permit for such occupation and use shall first
be obtained from the State highway commission. Such conduits shall
be laid at such distance below the surface of any public park, road,
turnpike, street, avenue, or alley, and at such distance from the out-
side of any gas or water main or other conduit already laid under said
public park, road, turnpike, street, avenue, or alley, as may be pre-
scribed by the proper municipal or county, or State authorities.
Section 4037. Consent of supervisors, corporate or State auth-
orities.—The consent of the board of supervisors of the county, or of
the corporate authorities of the city or town wherein it is proposed to
erect such poles, wires, or cables, or to lay such conduits upon or be-
neath any such public park, road, turnpike, street, avenue, or alley,
shall first be obtained before any such public park, road, turnpike,
street, avenue, or alley, shall be occupied or used for the works of any
such company, or be disturbed, opened or dug up for the purposes;
provided, however, if the road or street be in the State highway sys-
tem, as now or hereafter established, the consent of the board of super-
visors of any county shall not be necessary, but a permit shall first be
obtained from the State highway commission. Such consent when
given shall be by ordinance regularly adopted by the council or other
governing body of such city or town, or the consent of such board of
supervisors by resolution regularly adopted and spread upon the min-
utes of said board, or, if by the State highway commission, by an order
spread upon the minutes of said commission. Such use of the public
parks, roads, turnpikes, streets, avenues, and alleys in any of the cities
or towns or counties of this State shall be subject to such terms, regu-
lations and restrictions as may be imposed by the corporate authori-
ties of any such city or town, or the board of supervisors of any such
county, provided, that if the road or street be in the State highway
system, as now or hereafter established, any occupation and use thereof
until the provisions of this chapter, whether by consent heretofore or
hereafter obtained, shall be subject to such terms, regulations and
restrictions as may be imposed by the State highway commission not
in conflict in incorporated cities and towns with any vested contract-
ual rights of such company with such city or town; and the portions of
the surface of the parks, roads, turnpikes, streets, avenues, or alleys,
or of any pavements opened up or disturbed in erecting, repairing or
replacing such poles, wires, or cables, or in laying or repairing such
conduits, shall be immediately restored to and maintained in good
condition by such company; and in case of the failure of such company
to restore and maintain the same, the corporate authorities of any
such city or town, or the board of supervisors of any such county, or
the chairman of the highway commission, as the case may be, may
oroperly restore and maintain the same, and the costs thereof may be
ecovered by the city or town, or county, or State, from the company,
n any court of competent jurisdiction.

The actual costs and expenses of the State in the investigation by
the State highway commission of the application of any company for
4 permit, and in the supervision of the construction or installation of
any of the works of the company, under the provisions of this chapter,
shall be borne by such company, and paid before commencing the use
of any road or street in the State highway system, as now or hereafter
established, under any permit of the State highway commission, under
the provisions of this chapter, which said sum shall be paid into the
State treasury to the credit of the State highway fund.

Section 4038. Location of posts or poles; height of wires, et-
cetera.—All posts or poles which shall be erected by any authority in
the preceding sections conferred, shall be so located as in no way to
interfere with the safety and convenience of persons traveling through,
on, or over said public parks, roads, turnpikes, streets, avenues, alleys,
railroads, or waters, and all wires fastened upon posts or poles erected
as aforesaid, shall be placed at the height of not less than twenty feet
above all road crossings, and twenty-three feet above railroad cross-
ings, and no conduits shall be laid nor posts or poles erected upon the
soil or property of any person without first obtaining the consent of
the owner thereof, nor shall any such wires or cables be strung across
the soil, property, or premises of any person, or attached to or con-
nected with any shade or ornamental tree, or any private building
without the consent of the owner thereof. No incorporated city or
town shall grant to any such corporation the right to erect its poles,
wires, or cables, or to lay its conduits upon or beneath its parks,
streets, avenues, or alleys until it shall have first obtained, in the
manner prescribed by the Constitution and laws of this State, the
franchise to occupy the same. Notwithstanding the provisions of
this chapter the corporate authorities of any city or town may impose
upon any such corporation any terms and conditions inconsistent
herewith or supplemental hereto, as to the occupation .and use of its
parks, streets, avenues, and alleys, and as to the construction and
maintenance of its works along, over, or under the same, the corporate
authorities may deem expedient and proper, and the State highway
commission may impose upon any such company any terms, rules,
regulations, requirements, restrictions and conditions inconsistent
herewith or supplemental hereto, as to the occupation and use of roads
and streets in the State highway system, as now or hereafter estab-
lished, and as to the construction, operation or maintenance of the
works along, over or under the same, which the said commission may
deem expedient and proper, but not in conflict in incorporated cities
and towns with any vested contractual rights of such company with
such city or town.

This act shall not be construed as authorizing the State highway
commission to require the removal of the lines and works of such com-
pany from any street or road in the State highway system where such
company is occupying such street or road by consent of the board of
supervisors heretofore obtained under this charter without permitting
such company to occupy some other part of the right of way existing
or acquired for such street or road.