10.1-1147 - Removal of inflammable material from lands adjoining right-of-way by railroads.
§ 10.1-1147. Removal of inflammable material from lands adjoiningright-of-way by railroads.
For the purpose of providing increased protection to forest property fromfire originating along railroads, any railroad company shall have the right,subject to the provisions of this section, without liability for trespass toenter upon forest or brushlands for a distance of fifty feet from therailroad right-of-way and to clear from such a strip any inflammable materialsuch as leaves, grass, dead trees, slash and brush, but shall not remove anyvaluable timber growth or other things of value without consent of andrecompense to the owner. Not less than fifteen days prior to clearing suchland, the railroad company shall give the owner notice of its intention,together with a transcript of this section, by letter deposited in the UnitedStates mail to his last known address. If the owner does not file objectionsto such clearings with the State Corporation Commission within ten days ofthe date of such notice he shall be deemed to have given consent. Upon thefiling by an owner of such objection showing cause why such clearing shouldnot be done the State Corporation Commission shall review the case and maysustain the objection of the owner or permit the clearing in whole or in part.
The State Corporation Commission may require assistance of the State Foresterin furnishing information pertinent to the administration of this section.
The provisions of this section shall not apply to temporary tram roads usedfor hauling logs and lumber.
(Code 1950, § 10-66; 1988, c. 891.)