CODE OF VIRGINIA

CONTEST BY COUNTY OR COMMISSIONER OF HIGHWAYS (§ 56-28)

The board of supervisors or other governing body aforesaid or the Commissioner
of Highways may, however, within thirty days from the date of the submission of
such plans, specifications and descriptions, reject the same, and may apply to
the Commission to inquire into the necessity for such crossing, and the
propriety of the proposed location, and all matters pertaining to its
construction and operation; and, thereupon the Commission, in its discretion,
may, after notice served upon the public service corporation, the board of
supervisors or other governing body aforesaid, and the Commissioner of Highways,
suspend work on such crossing for such reasonable time prescribed in such notice
as it may deem necessary to make such inquiry. The Commission may, in its
discretion, employ expert engineers, at a cost not to exceed $ 500, to be paid
by the public service corporation desiring the crossing, who shall, with the
Commission, or some member thereof, or such person as the Commission may
designate, (1) examine the location, plans, specifications and descriptions of
appliances and methods proposed to be employed, (2) hear any objection, and
consider any modification that the board of supervisors or other governing body
aforesaid, or the Commissioner of Highways, may desire to offer, and, (3) within
such time as the Commission may fix, reject, approve, or modify such plans,
specifications and descriptions. The final order of the Commission shall, unless
an appeal be taken to the Supreme Court by any party to the proceeding within
thirty days of the date of such final order, be final and binding on the public
service corporation and the board of supervisors or other governing body
aforesaid, and the Commissioner of Highways.

HISTORY: Code 1919, § 3885; 1920, p. 412.