33.1-211 - Tramways and railways along or across public highways.
§ 33.1-211. Tramways and railways along or across public highways.
Whenever any person, firm, or chartered company engaged in mining,manufacturing or lumber getting has acquired the right-of-way for a tramwayor railway, except across or upon a public highway, and desires to cross suchhighway, or some part thereof, and if such person, firm or chartered companycannot agree with the Commonwealth Transportation Commissioner, or board ofsupervisors or other governing body of a county if the road be a county roadin a county the roads of which are not within the secondary system of statehighways, as to the terms and conditions of such crossing, the circuit courtof the county in which such highway may be, may prescribe such regulationsfor the crossing of such highway as will protect the public, and when suchregulations have been prescribed such tramway or railway may be constructedand maintained or, if already constructed, may be maintained in accordancewith such regulations as may be made on the application of the owner of suchtramway or railway or on the motion of the attorney for the Commonwealthafter notice to such owner.
(Code 1950, § 33-126; 1970, c. 322.)