2006 Code of Virginia § 56-433 - Cattle guards; remedy of aggrieved landowner; penalty

56-433. Cattle guards; remedy of aggrieved landowner; penalty.

Every railroad company whose road passes through any enclosed lands in thisCommonwealth shall construct and keep in good order cattle guards reasonablysufficient 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 adivision fence between contiguous farms or between different parcels ortracts belonging to the same person, or a fence along a public highway. Suchcattle guards shall be constructed on the request of the landowner, inwriting, by certified mail, to the registered agent of such railroad. If thecompany refuses or fails, for ninety days after such request, to construct ormaintain the cattle guards at the place designated, the owner, having giventen days' notice in writing to the registered agent, may apply to the circuitcourt of the county or city in which any such point is located for theappointment of three disinterested freeholders, whose duty it shall be to goon the land and determine whether the proposed cattle guard shall beconstructed. Their decision shall be in writing, and shall be forthwithreturned to and filed in the office of the clerk of such court. If suchdecision 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 guardwithin the meaning of this chapter. Any delay in construction or maintenancecaused by inclement weather, war, strikes, acts of God, national emergenciesor failure of any local, state, or federal governmental agencies to grantpermits shall extend the aforesaid period.

(Code 1919, 3950; 1994, c. 352.)