A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by law for the collection of state or local taxes. The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the locality may impose penalties for each day that the obstruction or encroachment is allowed to continue. The locality may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute a suit or action in ejectment or other appropriate proceedings to recover possession of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.
Code 1950, § 15-77.57; 1958, c. 328; 1962, c. 623, § 15.1-893; 1997, c. 587.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 20 - Streets and Alleys
§ 15.2-2000. State highway systems excepted; town streets
§ 15.2-2001. Streets, sidewalks and public rights-of-way generally
§ 15.2-2002. Acquisitions in connection with public right-of-way changes
§ 15.2-2003. Acquisition of land for public rights-of-way outside certain corporate limits
§ 15.2-2004. Streets, highways, etc., outside a city or town
§ 15.2-2005. Streets, etc., through any lands belonging to Commonwealth
§ 15.2-2006. Alteration and vacation of public rights-of-way; appeal from decision
§ 15.2-2007. Fee for processing application under § 15.2-2006
§ 15.2-2007.1. Appointment of viewers in certain cities
§ 15.2-2008. Sale of public rights-of-way, easements, etc., to certain purchasers
§ 15.2-2009. Obstructions or encroachments
§ 15.2-2009.1. Dangerous roadside vegetation
§ 15.2-2010. Localities may permit awnings, fire escapes, etc., to overhang public rights-of-way
§ 15.2-2011. Localities may permit existing encroachments
§ 15.2-2012. Fee for processing application
§ 15.2-2013. Temporary closing of rights-of-way
§ 15.2-2014. Temporary closing of rights-of-way in certain circumstances
§ 15.2-2016. Regulation of services and rates charged by person using streets, etc.
§ 15.2-2017. Public utilities not to use streets without consent
§ 15.2-2018. Use of certain public property without consent or franchise
§ 15.2-2019. Localities may name streets, roads and alleys
§ 15.2-2020. Lights on public rights-of-way in counties
§ 15.2-2021. Ramps on curbs of certain streets; specifications
§ 15.2-2022.1. Turns into or out of certain residential areas; resident permits
§ 15.2-2023. Expenditure of county revenues for certain roads
§ 15.2-2024. Numbers to be displayed on buildings
§ 15.2-2025. Removal of snow and ice
§ 15.2-2026. Limited access streets
§ 15.2-2027. Regulation of private roadways within multifamily residential developments
§ 15.2-2028. Regulation of traffic
§ 15.2-2029. Regulation of transportation of certain materials