§ 33.1-211. Tramways and railways along or across public highways
Whenever any person, firm, or chartered company engaged in mining, manufacturing or lumber getting has acquired the right-of-way for a tramway or railway, except across or upon a public highway, and desires to cross such highway, or some part thereof, and if such person, firm or chartered company cannot agree with the Commonwealth Transportation Commissioner, or board of supervisors or other governing body of a county if the road be a county road in a county the roads of which are not within the secondary system of state highways, as to the terms and conditions of such crossing, the circuit court of the county in which such highway may be, may prescribe such regulations for the crossing of such highway as will protect the public, and when such regulations have been prescribed such tramway or railway may be constructed and maintained or, if already constructed, may be maintained in accordance with such regulations as may be made on the application of the owner of such tramway or railway or on the motion of the attorney for the Commonwealth after notice to such owner.
(Code 1950, § 33-126; 1970, c. 322.)
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