Public utility lines; procedure municipality may obtain to place across a railroad right-of-way. (HB474)

Introduced By

Sen. Bill Carrico (R-Grayson) with support from co-patrons Del. Terry Kilgore (R-Gate City), Del. Danny Marshall (R-Danville), Del. Don Merricks (R-Danville), and Del. Lee Ware (R-Powhatan)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Public utility lines; crossing railroads.  Revamps the procedure by which a municipality may obtain approval to place its public utility lines across a railroad right-of-way. A municipality may submit to the railroad company a notice of intent to construct, accompanied by a specification exhibit and a $500 crossing fee. If the railroad does not claim within 35 days that special circumstances exist or that the exhibit is inadequate or incomplete, the municipality is deemed to have authorization to commence constructing the utility line. A railroad company that believes that special circumstances exist may file a petition for relief with the State Corporation Commission, and if it is aggrieved by the Commission's determination on the issue of damages, it may seek judicial review as in a condemnation proceeding. The bill requires the Commission to adopt regulations prescribing the terms and conditions for a crossing, including provisions that any crossing be consistent with the public convenience and necessity and reasonable service to the public. Read the Bill »


Bill Has Failed


01/12/2010Prefiled and ordered printed; offered 01/13/10 10100275D
01/12/2010Referred to Committee on Commerce and Labor
01/28/2010Impact statement from SCC (HB474)
02/11/2010Continued to 2011 in Commerce and Labor