Every railroad company whose road passes through any enclosed lands in this Commonwealth shall construct and keep in good order cattle guards reasonably sufficient to prevent the passage of livestock of every kind over such land, at any point where a fence may be necessary or proper, whether it is a division fence between contiguous farms or between different parcels or tracts belonging to the same person, or a fence along a public highway. Such cattle guards shall be constructed on the request of the landowner, in writing, by certified mail, to the registered agent of such railroad. If the company refuses or fails, for ninety days after such request, to construct or maintain the cattle guards at the place designated, the owner, having given ten days' notice in writing to the registered agent, may apply to the circuit court of the county or city in which any such point is located for the appointment of three disinterested freeholders, whose duty it shall be to go on the land and determine whether the proposed cattle guard shall be constructed. Their decision shall be in writing, and shall be forthwith returned to and filed in the office of the clerk of such court. If such decision is that the cattle guard ought to be constructed, the company shall, within ninety days thereafter, construct the same. Upon its failure so to do, it shall pay to the landowner fifty dollars for every day of such failure. Any style of cattle guard approved by the State Corporation Commission shall, if properly constructed and maintained, be deemed a sufficient cattle guard within the meaning of this chapter. Any delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies or failure of any local, state, or federal governmental agencies to grant permits shall extend the aforesaid period.
Code 1919, § 3950; 1994, c. 352.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 13 - Railroad Corporations
§ 56-345.1. Notice; consolidation, merger, abandonments, or discontinuances
§ 56-346. Certain powers conferred by law on railroad corporations
§ 56-347. Power of condemnation; limitation
§ 56-352. Railroad to have an insurable interest in property along its route
§ 56-353. Railroad company may appoint police agents
§ 56-354. Conductors, etc., to be conservators of the peace
§ 56-362. Right of railroad to cross watercourse, intervening railroad, etc.
§ 56-365.1. Closing and or consolidation of grade crossings
§ 56-368.1. Subsequent maintenance of underpasses and overpasses
§ 56-383. Railroad company may construct and maintain telegraph or telephone line
§ 56-405.02. Railroads to adjust certain public highways at grade crossings
§ 56-405.2. Construction and maintenance of crossbucks
§ 56-406.2. Proceeding for fixing cost of maintaining such warning devices at public grade crossings
§ 56-408. Signs similar to crossing signs prohibited
§ 56-411. Removal of brush and trees from right-of-way
§ 56-412. When trains shall be stopped before getting to railroad crossing
§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track
§ 56-412.2. Ordinances conflicting with § 56-412.1
§ 56-412.3. Maintenance of certain roadways by Buchanan County
§ 56-413.01. Locomotive and rail car standards
§ 56-414. Bell and whistle or horn; when sounded
§ 56-415. Penalty for violation of § 56-414
§ 56-416. Effect of failure to give statutory signals
§ 56-417.1. Clearance to be provided in construction, etc., of railroad structures
§ 56-419. Duplicate switch keys of railroads; unlawful making, etc.; punishment
§ 56-419.2. Safety requirements applicable to vehicles transporting railroad employees
§ 56-428. Railroads liable for damage from fires set out by their engines or trains
§ 56-429. Company to erect fences along roadbed; cattle guards, etc.
§ 56-430. Construction of § 56-429; burden of proof
§ 56-431. When company not liable for injury on enclosed track
§ 56-432. Liability for injury on track not enclosed
§ 56-433. Cattle guards; remedy of aggrieved landowner; penalty
§ 56-434. When cattle guards may be discontinued
§ 56-435. Appeal from general district court to circuit court in cattle-guard cases
§ 56-436. Board of appraisers to appraise injured or killed livestock; duty of appraisers
§ 56-437. Effect of appraisal in case of suit; costs
§ 56-439. Application of §§ 56-436 through 56-438
§ 56-439.1. Notice of injury or death of certain livestock; penalty
§ 56-440. Penalty for failure to remove cause of complaint in cities or towns
§ 56-441. Liability for injury to employee
§ 56-446. Information to State Corporation Commission; penalty
§ 56-446.1. Limitations on passenger rail transportation liability