56-49 - Powers.
§ 56-49. Powers.
In addition to the powers conferred by Title 13.1, each public servicecorporation of this Commonwealth organized to conduct a public servicebusiness other than a railroad shall have the power:
1. To cause to be made such examinations and surveys for its proposed line orlocation of its works as are necessary to the selection of the mostadvantageous location or route or for the improvement or straightening of itsline or works, or changes of location or construction, or providingadditional facilities, and for such purposes, by its officers and servants,to enter upon the lands or waters of any person but subject to responsibilityfor all damages that are done thereto, and subject to permission from, ornotice to, the landowner as provided in § 25.1-203.
2. To acquire by the exercise of the right of eminent domain any lands orestates or 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, and for all its necessary business purposesincidental thereto, for its use in serving the public either directly orindirectly through another public service corporation, including permanent,temporary, continuous, periodical or future use, whenever the corporationcannot agree on 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 conveyvalid title to such property. Such proceeding shall be conducted in themanner provided by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and shall besubject to the provisions of § 25.1-102. However, the corporation shall nottake by condemnation proceedings a strip of land for a right-of-way within 60feet of the dwelling house of any person except (i) when the court havingjurisdiction of the condemnation proceeding finds, after notice of motion tobe granted authority to do so to the owner of such dwelling house, given inthe manner provided in §§ 25.1-209, 25.1-210, and 25.1-212, and a hearingthereon, that it would otherwise be impractical, without unreasonableexpense, to construct the proposed works of the corporation at anotherlocation; (ii) in case of occupancy of the streets or alleys, public orprivate, of any county, city or town, in pursuance of permission obtainedfrom the board of supervisors of such county or the corporate authorities ofsuch city or town; or (iii) in case of occupancy of the highways of thisCommonwealth or of any county, in pursuance of permission from theauthorities having jurisdiction over such highways. A public servicecorporation which has not been (i) allotted territory for public utilityservice by the State Corporation Commission or (ii) issued a certificate toprovide public utility service shall acquire lands or interests therein byeminent domain as provided in this subdivision for lines, facilities, worksor purposes only after it has obtained any certificate of public convenienceand necessity required for such lines, facilities, works or purposes underChapter 10.1 (§ 56-265.1 et seq.) of this title.
And provided, further, that notwithstanding the foregoing nor any otherprovision of the law the right of eminent domain shall not be exercised forthe purpose of acquiring any lands or estates or interests therein nor anyother property for the construction, reconstruction, maintenance or operationof any pipeline for the transportation of coal.
For the purposes of this section, the words "public service corporation"shall include any Virginia limited liability company as defined in § 56-1that has been issued a certificate of public convenience and necessityauthorizing it to furnish telecommunications services of a public utility setforth in subdivision (b) of § 56-265.1 and that seeks to construct or acquirefacilities for use in providing the certificated telecommunications service.
(1944, p. 539; Michie Suppl. 1946, § 3866a; 1952, c. 497; 1956, c. 438; 1962,c. 222; 1972, c. 657; 1988, c. 649; 1990, c. 630; 1999, cc. 484, 531; 2003,c. 940; 2004, c. 1028.)