2006 Code of Virginia § 15.2-2009 - Obstructions or encroachments

15.2-2009. Obstructions or encroachments.

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 formaintaining any such unlawful obstruction or encroachment; may remove thesame and charge the cost thereof to the owner or occupant of the property soobstructing or encroaching; and may collect the cost in any manner providedby law for the collection of state or local taxes. The locality may requirethe owner or occupant of the property so obstructing or encroaching to removethe property and, pending such removal, may charge the owner of the propertyso obstructing or encroaching compensation for the use of such portion of thestreet, highway, road, alley, bridge, viaduct, subway, underpass or otherpublic right-of-way or place obstructed or encroached upon the equivalent ofwhat would be the tax upon the land so occupied if it were owned by the ownerof the property so obstructing or encroaching. If removal is not accomplishedwithin the time ordered, the locality may impose penalties for each day thatthe obstruction or encroachment is allowed to continue. The locality mayauthorize encroachments upon such public rights-of-way and places subject tosuch terms and conditions as the governing body may prescribe. However,owners or occupants shall be liable for negligence on account of suchencroachment, and the governing body may institute and prosecute a suit oraction in ejectment or other appropriate proceedings to recover possession ofany such public right-of-way or place or any other property unlawfullyoccupied or encroached upon.

(Code 1950, 15-77.57; 1958, c. 328; 1962, c. 623, 15.1-893; 1997, c. 587.)