56-347 - Power of condemnation; limitation.
§ 56-347. Power of condemnation; limitation.
In addition to the powers conferred by Title 13.1, every corporation of thisCommonwealth organized to conduct a railroad business shall have the power toacquire by the exercise of the right of eminent domain any lands or estatesor interests therein, sand, earth, gravel, water or other material,structures, rights-of-way, easements or other interests in lands, includinglands under water and riparian rights, of any person, which are deemednecessary for the purposes of construction, reconstruction, alteration,straightening, relocation, operation, maintenance, improvement or repair ofits lines, facilities or works including depots, stations, shops, yards,industrial spurs, switches and sidetracks, terminals or additional tracks orfacilities, and for all other necessary railroad purposes and purposesincidental thereto, for its use in serving the public, including permanent,temporary, continuous, periodical or future use, whenever such corporationcannot agree upon the terms of purchase or settlement with any such personbecause of the incapacity of such person or because of the inability to agreeon the compensation to be paid or other terms of settlement or purchase, orbecause any such person cannot with reasonable diligence be found or isunknown or is a nonresident of the Commonwealth, or is unable to convey validtitle to such property. Such proceedings shall be conducted in the mannerprovided by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and shall besubject to the provisions of § 25.1-102. Provided, however, such corporationshall not take by condemnation proceedings a strip of land for itsright-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 suchdwelling house, given in the manner provided in §§ 25.1-209, 25.1-210, and25.1-212, and a hearing thereon, that it would otherwise be impractical,without unreasonable expense, to construct the proposed works of thecorporation at another location; or (b) in case of occupancy of the streetsor alleys, public or private, of any county, city or town, in pursuance ofpermission obtained from the board of supervisors of such county or thecorporate authorities of such city or town; or (c) in case of occupancy ofthe highways of this Commonwealth or of any county, in pursuance ofpermission obtained from the authorities having jurisdiction over suchhighways.
(Code 1919, § 3857; 1920, p. 307; 1944, p. 536; Michie Suppl. 1946, § 3857a;1956, c. 435; 1962, c. 221; 2003, c. 940.)