CHAPTER 222

An Act to amend and reenact § 56-49, as amended, of the Code of Virginia,
relating to the powers of public service corporations other than rail-
road corporations and limitations thereof.

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Be it enacted by the General Assembly of Virginia:

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

§ 56-49. In addition to the powers conferred by Title 13.1, each pub-
lic service 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 changes 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) * 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, reconstruction,
alteration, straightening, relocation, operation, maintenance, improvement
or repair of its lines, facilities or works, and for all its necessary business
purposes incidental thereto, for its use in serving the public, including
permanent, temporary, continuous, periodical or future use, whenever the
corporation cannot agree on 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 settle-
ment 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 proceeding shall be
conducted in the manner provided by Chapter 1.1 of Title 25 and shall be
subject to the provisions of § 25-238. Provided, however, the corporation
shall not take by condemnation proceedings a strip of land for a 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
from the authorities having jurisdiction over such highways.

And provided, further, that notwithstanding the foregoing nor any
other provision of the law the right of eminent domain shall not be exer-
cised for the purpose of acquiring any lands or estates or interests therein
nor any other property for the construction, reconstruction, maintenance
or operation of any pipe line for the transportation of coal.

But no corporation shall hereafter have any power to operate turn-
pikes 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.