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2001 SESSION

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SENATE BILL NO. 1124 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend and reenact § 56-259 of the Code of Virginia, relating to the location of easements of public service corporations. ---------- Patron-- Edwards ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 56-259 of the Code of Virginia is amended and reenacted as follows:

§ 56-259. Rights-of-way, etc., may be contracted for; location of easements of public service corporations; joint use of rights-of-way; notice and hearing.

A. Any corporation of the character mentioned in this chapter or in Chapter 2 (§ 56-49 et seq.) may contract with any person or corporation, the owner of lands, or of any interest, franchise, privilege, or easement therein, over, under, or through which any pipeline transmitting petroleum products or natural gas, power or telephone line, sewer or water main or similar works is to be constructed, for the right-of-way for such line, sewer, main or works, and for sufficient land for its necessary offices, plant, or plants, works, stations and structures. All such contracts shall specify with reasonable particularity and definiteness the location of such easement orof right-of-way; provided, however, that this provision shall not apply to contracts between any such corporation and any political subdivision of this Commonwealth, but any such corporation shall provide the location of its facilities on land owned by such a political subdivision upon request of such political subdivision.

B. The location of any easement orof right-of-way of any public service corporation shall be as specified in the instrument by which such easement was conveyed to such public service corporation; provided that, with respect to all such easements granted after December 31, 1968, if such location is not specified by metes and bounds or by reference to a center line or survey line showing courses and distances from some ascertainable point of beginning, the location of such easement shall be determined by reference to the facilities constructed thereon, and the center line of those facilities shall be the center line of the easement.

C. Prior to acquiring any easement orof right-of-way, public service corporations will shall consider the feasibility of locating such facilities on, over, or under existing easements or rights-of-way of right-of-way, and shall file a report with the Commission that summarizes its analysis of the feasibility of locating such facilities on, over, or under existing easements of right-of-way. In the event The public service corporation shall publish notice of the filing of such report with the Commission, which shall include a summary of the public service corporation's conclusions, in a newspaper or newspapers of general circulation in each of the counties and municipalities through which the facility is proposed to be constructed.

D. If the public service corporation determines that it is feasible to locate such facilities on, over, or under existing easements of right-of-way, and any public service corporation owning a right-of-way shall deny a request of any other public service corporation for joint use of that right-of-way, the corporation whose request is denied and any interested party, as such term is defined in § 56-265.2:1, shall have the right, within thirty days after the denial, to apply to the Commission for an order requiring such joint use.

E. If the public service corporation determines that it is not feasible to locate such facilities on, over, or under existing easements of right-of-way, any interested party, as such term is defined in § 56-265.2:1, shall have the right, at any time prior to the issuance by the Commission of all of its required orders approving the construction of the facility and acquisition of property in connection therewith, to apply to the Commission for an order requiring such joint use.

F. The Commission shall conduct a hearing on suchan application filed pursuant to subsection D or E and shall direct the corporation owning the right-of-way to allow joint use if the Commission finds that such joint use is reasonable and that the present or future public utility service of such corporation will not be adversely affected by such joint use. In making such determination, the Commission may establish the terms and conditions for such joint use, including, without limitation, a requirement of compensation by the utility making the request to the utility owning the right-of-way, if the Commission finds such a requirement to be appropriate.