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2001 SESSION

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010173996
HOUSE BILL NO. 1766 Offered January 10, 2001 Prefiled December 27, 2000 A BILL to amend the Code of Virginia by adding a section numbered 56-259.1, relating to easements for facilities of public service corporations. ----------
Patrons-- Woodrum, Cranwell, Dudley, Griffith, Johnson, Shuler and Thomas; Senator: Marye
---------- Referred to Committee on Corporations, Insurance and Banking ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 56-259.1, as follows:

§ 56-259.1. Instruments conveying easements to public service corporations.

Any instrument by which a public service corporation is conveyed an easement or other interest in land pursuant to § 56-259 shall state whether the public service corporation is authorized to acquire such easement or other interest by exercise of the right of eminent domain pursuant to § 56-49 or other applicable law. A public service corporation shall not acquire by a single instrument both (i) easements or other interests in land that such corporation is authorized to acquire by exercise of the right of eminent domain and (ii) easements or other interests that it is not. Nothing contained herein shall prohibit such a corporation from voluntarily acquiring both such types of easements or other interests by separate instruments. Any instrument purporting to convey an easement or other interest in land to a public service corporation that does not conform to the requirements of this section shall be deemed to convey only any easement or other interest described therein that such corporation is authorized to acquire by exercise of the right of eminent domain.