CHAPTER 497

An Act to amend and reenact § 56-49 of the Code of Virginia, relating
to certain powers of public service corporations. P
[S 407]

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 56-49 of the Code of Virginia be amended and reenacted as
follows:

§ 56-49. In addition to the general powers and subject to general
restrictions every corporation mentioned in the two preceding sections
shall have as a matter of law the power:

(1) To cause to be made such examinations and surveys for its pro-
posed line or location of its works as are necessary to the selection of the
most advantageous location or route or for the improvement or straighten-
ing of its line or works, or change of location or construction, or providing
additional facilities, and for such purposes, by its officers and servants,
to enter upon the lands or waters of any person, but subject to responsi-
bility for all damages that are done thereto;

(2) To take and hold such voluntary grants of real estate, and other
property, as are made to it to aid in the construction, maintenance and
accommodation of its works, terminals and appurtenances;

(8) To purchase, lease or otherwise acquire, hold and use all such
real estate or other property as is necessary for the construction and
maintenance of its line or works, its terminals and other accommodations
necessary to accomplish the objects of its incorporation;

(4) To lay out its line or works as in its articles of association and
in this chapter provided, and to construct the same;

(5) To consolidate or merge its works, property and franchises with
that of any other corporation incorporated for like purposes, in or out of
this State, or in this State and another state, as provided in Title 13 of
this Code; and to purchase or lease the works, property and franchises,
or any part thereof, of any other such corporation, and to sell or lease its
property, works and franchises, or any part thereof, to any other such
corporation chartered and organized under the laws of this State;

(6) In the event the corporation 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, or is unknown, agree
on the terms of purchase with those entitled to any land or interest or
estate therein, sand, earth, gravel, water or other material necessary to
be taken and used in the construction, maintenance, operation, improve-
ment or straightening of the line or works, or change of location of the
line or works of any such corporation, or in constructing or providing
additional facilities, or for other necessary purposes, to proceed for the
condemnation thereof, in the manner and subiect to the limitations pro-
vided by the general statutes of this State relative to the condemnation
of Jands: but no such canal or turnpike corporation shall take, by con-
demnation proceedings, a strip of land for its highway right of way wider
than * is required by the Virginia Department of Highways for the con-
struction of a similar tyne highway and in no event more than one hundred
and sixty feet all of which shall be used for highway purposes and no
other, except at places where more land is required for slopes, cuts,
tunnels, embankments, terminals, or for the improvement or straight-
ening of its line, or for other necessary purposes, or change of location;
and no corporation chartered under this chapter shall take by condem-
nation proceedings any more land or other property than is required for
its line or works, or the improvement, or straightening of its line, or
change of location as aforesaid, or for other necessary purposes;

(7) To exercise all other powers hereby granted, and all the powers
conferred upon corporations of a like character by the existing laws of
this State, so far as not in conflict with this chapter, and by all acts here-
after passed amendatory thereof or supplemental thereto.