CHAPTER 438

An Act to amend and reenact §§ 56-49 and 56-51.1 of the Code of Virginia
in relation to the creation of public service corporations other than
railroads; and to repeal 8§ 56-47, 56-48, 56-49.1, 56-50, 56-51, 56-52,
56-58, 56-54 and 56-54.1 of the Code of Virginia, relating to the same
matters.

[S 23]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:
ra That § 56-49 of the Code of Virginia be amended and reenacted as
ollows:
§ 56-49. Powers.*—In addition to the * powers conferred by Title
18.1, each corporation of this State organized to conduct a public service
business other than a railroad shall have 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 responsibility
for all damages that are done thereto.

(2) 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, improvement 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 facili-
ties, or for other necessary purposes, to proceed for the condemnation
thereof, in the manner and subject to the limitations provided by the gen-
eral statutes of this State relative to the condemnation of lands; but*
no corporation* shall take by condemnation 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*, or for other necessary
purposes.

But no corporation shall hereafter have any power to operate turnpikes
or toll roads. That power is reserved to be granted from time to time to
political subdivisions of the Commonwealth or otherwise as the General
Assembly shall determine.

2. That § 56-51.1 of the Code of Virginia be amended and reenacted
as follows:

§ 56-51.1. Donation of entire capital stock of turnpike or ferry cor-
porations to Commission or to political subdivisions —Any * turnpike or
ferry corporation subject to this chapter may donate and transfer its
entire capital stock to the State Highway Commission, or, in equitable
proportions, to the political subdivisions wherein its toll turnpike is con-
structed, or to be constructed, or in the case of a ferry corporation to such
political subdivision wherein its terminals or docks are located or to such
political subdivisions as may be specified or designated in its charter.

Authority to accept such donation and transfer of such stock is hereby
conferred upon the State Highway Commission and upon the governing
bodies of such political subdivisions in their discretion; provided that the
offer of donation and the resolution of acceptance shall expressly stipulate
that the acceptance of such donation and ownership of said stock shall not
thereby be deemed to create or involve any obligation or liability upon said
Commission or upon any such political subdivision.

8. That §§ 56-47, 56-48, 56-49.1, 56-50, 56-51, 56-52, 56-53, 56-54 and
56-54.1 of the Code of Virginia are hereby repealed.

4. That the provisions hereof shall become effective January one, nine-
teen hundred fifty-seven.