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2014 SESSION
14104280DBe it enacted by the General Assembly of Virginia:
1. That §§ 56-570 and 56-575.13 of the Code of Virginia are amended and reenacted as follows:
§ 56-570. Utility crossings.
The private entity and each public service company, public
utility, railroad, and cable television provider, locality, and
political subdivision whose facilities are to be crossed or affected shall
cooperate fully with the other in planning and arranging the manner of the
crossing or relocation of the facilities. Any such entity possessing the power
of condemnation is hereby expressly granted such powers in connection with the
moving or relocation of facilities to be crossed by the qualifying
transportation facility or that must be relocated to the extent that such
moving or relocation is made necessary or desirable by construction of or
improvements to the qualifying transportation facility, which shall be
construed to include construction of or improvements to temporary facilities
for the purpose of providing service during the period of construction or
improvement. Should the private entity and any such public service company,
public utility, railroad, and cable television provider, locality,
and political subdivision not be able to agree upon a plan for the crossing
or relocation, the Commission may determine the manner in which the crossing or
relocation is to be accomplished and any damages due arising out of the
crossing or relocation. The Commission may employ expert engineers who shall examine
the location and plans for such crossing or relocation, hear any objections and
consider modifications, and make a recommendation to the Commission. In such a
case, the cost of the experts is to be borne by the private entity. Any amount
to be paid for such crossing, construction, moving or relocating of facilities
shall be paid for by the private entity or any other person contractually
responsible therefor under the interim or comprehensive agreement or under any
other contract, license or permit. The Commission shall make a determination
within 90 days of notification by the private entity that the qualifying
transportation facility will cross utilities subject to the Commission's
jurisdiction.
§ 56-575.13. Utility crossing.
The private entity and each public service company, public
utility, railroad, and cable television provider, locality, and
political subdivision whose facilities are to be crossed or affected shall
cooperate fully with the other entity in planning and arranging the manner of the
crossing or relocation of the facilities. Any such entity possessing the power
of condemnation is hereby expressly granted such powers in connection with the
moving or relocation of facilities to be crossed by the qualifying project or
that must be relocated to the extent that such moving or relocation is made
necessary or desirable by construction of, renovation to, or improvements to
the qualifying project, which shall be construed to include construction of,
renovation to, or improvements to temporary facilities for the purpose of
providing service during the period of construction or improvement. Any amount
to be paid for such crossing, construction, moving or relocating of facilities
shall be paid for by the private entity. Should the private entity and any such
public service company, public utility, railroad, and cable television
provider, locality, and political subdivision not be able to agree upon
a plan for the crossing or relocation, the Commission may determine the manner
in which the crossing or relocation is to be accomplished and any damages due
arising out of the crossing or relocation. The Commission may employ expert
engineers who shall examine the location and plans for such crossing or
relocation, hear any objections and consider modifications, and make a
recommendation to the Commission. In such a case, the cost of the experts is to
be borne by the private entity. Such determination shall be made by the
Commission within ninety days of notification by the private entity that the
qualifying project will cross utilities subject to the Commission's
jurisdiction.