CHAPTER 523

An Act to amend and reenact § 56-259 of the Code of Virginia, relating
to contracts by public utility corporations and public service corpo-
rations for easements of right of way; and to amend the Code of
Virginia by adding a section numbered 56-260.1, prohibiting certain
provisions in such contracts and prescribing the effect of such

prohibition.
[H 559]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 56-259 of the Code of Virginia be amended and reenacted, and
that the Code of Virginia be amended by adding a section numbered
56-260.1 as follows:

§ 56-259. Any corporation of the character mentioned in this chapter
or in chapter 2 may contract with any person or corporation, the owner of
lands, or of any interest, franchise, privilege, or easement therein, over,
under, or through which any * pipe line transmitting petroleum products
or natural gas, power or telephone line, sewer or water main or similar
works is to be constructed, for the right of way for * such line * sewer,
main or works, and for sufficient land for its necessary offices, plant, or
plants, works, stations and structures. All such contracts shall specify
with reasonable particularity and definiteness the location of such ease-
ment of right of way; provided, however, that this provision shall not
apply to contracts between any such corporation and any political sub-
division of this State.

§ 56-260.1. No contract for an easement of right of way for a pipe

line, power or telephone line, sewer, main or similar works shall contain
any provision which purports to exempt the corporation erecting, laying
or installing the same from liability for injuries sustained by any person
or property by reason of the laying, constructing, maintaining, operating,
repairing, altering, replacing or removal of, or any failure or defect in,
such line, sewer, main or works. Any such provision in any such contract
is hereby declared to be against public policy and shall be null and void
and unenforceable; provided, that this provision shall not apply as to any
cause of action arising prior to the effective date of this act.
2. If any provision of this act or the applicability thereof to any person
or circumstance, is held to be invalid by any court of competent juris-
diction, the remainder of such act and its application to other persons or
circumstances, shall not be affected thereby.