§ 10.1-1147 — Removal of inflammable material from lands adjoining right-of-way by railroads

Virginia § 10.1-1147

• Jurisdiction: Virginia
• Title 10.1: CONSERVATION
• Subtitle II: ACTIVITIES ADMINISTERED BY OTHER ENTITIES
• Ch. 11: FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
• Art. 6: FOREST WARDENS AND FIRES

Text

For the purpose of providing increased protection to forest property from fire originating along railroads, any railroad company shall have the right, subject to the provisions of this section, without liability for trespass to enter upon forest or brushlands for a distance of fifty feet from the railroad right-of-way and to clear from such a strip any inflammable material such as leaves, grass, dead trees, slash and brush, but shall not remove any valuable timber growth or other things of value without consent of and recompense to the owner. Not less than fifteen days prior to clearing such land, the railroad company shall give the owner notice of its intention, together with a transcript of this section, by letter deposited in the United States mail to his last known address. If the owner does not file objections to such clearings with the State Corporation Commission within ten days of the date of such notice he shall be deemed to have given consent. Upon the filing by an owner of such objection showing cause why such clearing should not be done the State Corporation Commission shall review the case and may sustain the objection of the owner or permit the clearing in whole or in part.

The State Corporation Commission may require assistance of the State Forester in furnishing information pertinent to the administration of this section.

The provisions of this section shall not apply to temporary tram roads used for hauling logs and lumber.

Legislative History

Code 1950, § 10-66; 1988, c. 891.