CODE OF VIRGINIA

COMPANY TO ERECT FENCES ALONG ROADBED; CATTLE GUARDS, ETC (§ 56-429)

Upon the written request by certified mail to the registered agent of the
railroad in question of any landowner whose land adjoins the railroad and whose
land is otherwise enclosed for the purpose of maintaining livestock, every
railroad company shall cause fences to be erected along its line and on both
sides of its roadbed and shall keep such fences in proper repair. Such fence
shall be adequate to enclose livestock. The owners of adjoining lands may
connect their fences with such fences at such places as they may deem proper. In
erecting such fences the company shall, at the termini of those portions of the
roadbed which it is required to fence, and on each side of all public and
private crossings, construct across its roadbed and keep in good repair cattle
guards reasonably sufficient to turn all kinds of livestock, with which its
fences shall be connected. Such cattle guards at private crossings may be
dispensed with if the company erects sufficient gates and maintains them in good
order.Such fences 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 180 days after such request, to construct or
maintain the fences at the place designated, the owner, having given ten
days’ notice in writing to such 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 fence 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 fence ought
to be constructed, the company shall, within sixty 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 fence approved by the State
Corporation Commission shall, if properly constructed and maintained, be deemed
a sufficient fence 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.Any such company may erect gates
or bars instead of the cattle guards required by this section, if, in the
judgment of the company, the hazard to trains at such crossings requires gates
or bars as a safeguard to life and property on the trains. If such fence, cattle
guard or gate is destroyed or damaged due to the negligence of the landowner,
the landowner shall be solely responsible for restoring or repairing such fence,
cattle guard or gate.The circuit court of the county or city wherein any such
fence or cattle guard, or any portion thereof, is to be erected or built
pursuant to this section shall have jurisdiction through its power to grant
equitable relief to compel the erection of any such fence, or building of any
such cattle guards along or adjoining lands or lots actually enclosed.

HISTORY: Code 1919, § 3946; 1994, c. 352.