{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/56-366.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/56-366.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/56-366.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/56-366.1.html"}],"law_id":370341,"edition_id":2,"section_id":370341,"structure_id":52747,"section_number":"56-366.1","catch_line":"Proceedings to avoid or eliminate grade crossings by grade separation or to widen, strengthen, remodel, relocate or replace existing crossing structures on public highways","history":"1952, c. 398; 1996, cc. 114, 157; 2015, c. 256.","full_text":"Whenever a road in the primary or secondary state highway system or a public highway maintained by a locality (i) crosses a railroad, (ii) is projected across a railroad, or (iii) is to be so changed as to cross a railroad, or an existing overpass or underpass crossing of any such road and a railroad is in need of widening, strengthening, remodeling, relocating or replacing, and funds are (or are to be) allocated by the Commonwealth Transportation Board or public road authority for payment of the locality’s or state’s portion of the cost of constructing such an overpass or underpass structure or for widening, strengthening, remodeling, relocating or replacing such an existing structure, the Commissioner of Highways or representative of the public road authority may agree with the railroad company or companies involved, on such terms and conditions as he shall deem in the best interests of the Commonwealth or locality regarding the plans and specifications, the method and manner of construction and the division of costs and maintenance responsibility of any such separation of grade structure. In case of a separation of grade by structure at a new, or an existing, grade crossing, the project, except in special cases and under special circumstances to be mutually agreed upon by the Commissioner of Highways, the public road authority, and the railroad company or companies involved, shall be deemed to start at points on each side of the tracks of the railroad or railroads where the grade, under the proposed plans and specifications, leaves the ground line to go over or under, as the case may be, the tracks of the railroad or railroads.\n\nIn the event the Commissioner of Highways, the public road authority, and the railroad company or companies involved are unable to agree on (i) the necessity for the construction of such underpass or overpass structure or for the widening, strengthening, remodeling, relocating or replacing of any existing overpass or underpass structure, (ii) the plans and specifications for and method or manner of construction thereof, or (iii) the portion of the work, if any, to be done and the share of the cost of such project, if any, to be borne by each of the railroad company or companies involved, the Commissioner of Highways or the public road authority shall petition the State Corporation Commission setting forth the plans and specifications for and the method and manner of construction of such project and the facts which in his opinion justify the elimination of the crossing, the erection of a new separation of grade structure or the widening, strengthening, remodeling, relocating or replacing of an existing structure and the maintenance responsibility. Copies of the petition and the plans and specifications shall forthwith be served by the State Corporation Commission on the railroad company or companies involved. Within twenty days after service on it of such petition and plans and specifications, the railroad company or companies shall file an answer with the State Corporation Commission setting out its objections to the proposed project and the Commission shall hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine (a) whether public necessity and convenience justifies or requires the construction of such new separation of grade structure or whether an existing structure is so dangerous to or insufficient to take care of traffic on the highway as to require the widening, strengthening, remodeling, relocating or replacing proposed, (b) whether the plans and specifications or method and manner of construction are proper and appropriate, and (c) what portion of the work, if any, to be done and what share of the cost of such project, if any, to be borne by each of the railroad company or companies involved (excluding the cost of right-of-way) is fair and reasonable, having regard to the benefits, if any, accruing to such railroad or railroads from the elimination of such grade crossing or the widening, strengthening, remodeling, relocating or replacing any existing overpass or underpass structure, and either dismiss the proceeding as against the railroad company or companies involved or enter an order deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction.\n\nGrade crossings shall be closed when replaced by a new public highway. However, the Commonwealth Transportation Board or the public road authority may authorize the continued use of the crossing for a period of two years following the construction of the new highway to familiarize the public with the new route.\n\n","order_by":null,"text":{"0":{"id":1381512,"text":"Whenever a road in the primary or secondary state highway system or a public highway maintained by a locality (i) crosses a railroad, (ii) is projected across a railroad, or (iii) is to be so changed as to cross a railroad, or an existing overpass or underpass crossing of any such road and a railroad is in need of widening, strengthening, remodeling, relocating or replacing, and funds are (or are to be) allocated by the Commonwealth Transportation Board or public road authority for payment of the locality’s or state’s portion of the cost of constructing such an overpass or underpass structure or for widening, strengthening, remodeling, relocating or replacing such an existing structure, the Commissioner of Highways or representative of the public road authority may agree with the railroad company or companies involved, on such terms and conditions as he shall deem in the best interests of the Commonwealth or locality regarding the plans and specifications, the method and manner of construction and the division of costs and maintenance responsibility of any such separation of grade structure. In case of a separation of grade by structure at a new, or an existing, grade crossing, the project, except in special cases and under special circumstances to be mutually agreed upon by the Commissioner of Highways, the public road authority, and the railroad company or companies involved, shall be deemed to start at points on each side of the tracks of the railroad or railroads where the grade, under the proposed plans and specifications, leaves the ground line to go over or under, as the case may be, the tracks of the railroad or railroads.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1381513,"text":"In the event the Commissioner of Highways, the public road authority, and the railroad company or companies involved are unable to agree on (i) the necessity for the construction of such underpass or overpass structure or for the widening, strengthening, remodeling, relocating or replacing of any existing overpass or underpass structure, (ii) the plans and specifications for and method or manner of construction thereof, or (iii) the portion of the work, if any, to be done and the share of the cost of such project, if any, to be borne by each of the railroad company or companies involved, the Commissioner of Highways or the public road authority shall petition the State Corporation Commission setting forth the plans and specifications for and the method and manner of construction of such project and the facts which in his opinion justify the elimination of the crossing, the erection of a new separation of grade structure or the widening, strengthening, remodeling, relocating or replacing of an existing structure and the maintenance responsibility. Copies of the petition and the plans and specifications shall forthwith be served by the State Corporation Commission on the railroad company or companies involved. Within twenty days after service on it of such petition and plans and specifications, the railroad company or companies shall file an answer with the State Corporation Commission setting out its objections to the proposed project and the Commission shall hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine (a) whether public necessity and convenience justifies or requires the construction of such new separation of grade structure or whether an existing structure is so dangerous to or insufficient to take care of traffic on the highway as to require the widening, strengthening, remodeling, relocating or replacing proposed, (b) whether the plans and specifications or method and manner of construction are proper and appropriate, and (c) what portion of the work, if any, to be done and what share of the cost of such project, if any, to be borne by each of the railroad company or companies involved (excluding the cost of right-of-way) is fair and reasonable, having regard to the benefits, if any, accruing to such railroad or railroads from the elimination of such grade crossing or the widening, strengthening, remodeling, relocating or replacing any existing overpass or underpass structure, and either dismiss the proceeding as against the railroad company or companies involved or enter an order deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1381514,"text":"Grade crossings shall be closed when replaced by a new public highway. However, the Commonwealth Transportation Board or the public road authority may authorize the continued use of the crossing for a period of two years following the construction of the new highway to familiarize the public with the new route.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52747,"edition_id":2,"name":"Extensions; Connections; Crossing Other Railroads, Roads, Etc","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":52743,"metadata":{"child_laws":16,"child_structures":0},"date_created":"2026-08-02 03:04:01","date_modified":"2026-08-02 12:35:41","permalink":{"id":1476519,"object_type":"structure","relational_id":52747,"identifier":"3","token":"56\/13\/3","url":"\/56\/13\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52743,"edition_id":2,"name":"Railroad Corporations","identifier":"13","label":"chapter","depth":2,"order_by":27,"parent_id":52702,"metadata":{"child_laws":86,"child_structures":11},"date_created":"2026-08-02 03:03:58","date_modified":"2026-08-02 12:35:41","permalink":{"id":1476441,"object_type":"structure","relational_id":52743,"identifier":"13","token":"56\/13","url":"\/56\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52702,"edition_id":2,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":121,"parent_id":null,"metadata":{"child_laws":710,"child_structures":93},"date_created":"2026-08-02 03:03:25","date_modified":"2026-08-02 12:35:34","permalink":{"id":1475475,"object_type":"structure","relational_id":52702,"identifier":"56","token":"56","url":"\/56\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":370333,"structure_id":52747,"section_number":"56-355","catch_line":"Repealed","url":"\/56-355\/","token":"56\/13\/3\/56-355","metadata":false},{"id":370331,"structure_id":52747,"section_number":"56-355.1","catch_line":"Repealed","url":"\/56-355.1\/","token":"56\/13\/3\/56-355.1","metadata":false},{"id":370332,"structure_id":52747,"section_number":"56-355.2","catch_line":"Definitions","url":"\/56-355.2\/","token":"56\/13\/3\/56-355.2","metadata":false},{"id":370334,"structure_id":52747,"section_number":"56-356","catch_line":"Repealed","url":"\/56-356\/","token":"56\/13\/3\/56-356","metadata":false},{"id":370335,"structure_id":52747,"section_number":"56-359","catch_line":"Repealed","url":"\/56-359\/","token":"56\/13\/3\/56-359","metadata":false},{"id":370337,"structure_id":52747,"section_number":"56-362","catch_line":"Right of railroad to cross watercourse, intervening railroad, etc","url":"\/56-362\/","token":"56\/13\/3\/56-362","metadata":false},{"id":370338,"structure_id":52747,"section_number":"56-363","catch_line":"Crossing of a railroad or public highway by another railroad; crossing of a railroad by a public highway","url":"\/56-363\/","token":"56\/13\/3\/56-363","metadata":false},{"id":370339,"structure_id":52747,"section_number":"56-364","catch_line":"Repealed","url":"\/56-364\/","token":"56\/13\/3\/56-364","metadata":false},{"id":370340,"structure_id":52747,"section_number":"56-365.1","catch_line":"Closing and or consolidation of grade crossings","url":"\/56-365.1\/","token":"56\/13\/3\/56-365.1","metadata":false},{"id":370344,"structure_id":52747,"section_number":"56-366","catch_line":"Repealed","url":"\/56-366\/","token":"56\/13\/3\/56-366","metadata":false},{"id":370341,"structure_id":52747,"section_number":"56-366.1","catch_line":"Proceedings to avoid or eliminate grade crossings by grade separation or to widen, strengthen, remodel, relocate or replace existing crossing structures on public highways","url":"\/56-366.1\/","token":"56\/13\/3\/56-366.1","metadata":false},{"id":370342,"structure_id":52747,"section_number":"56-366.2","catch_line":"Repealed","url":"\/56-366.2\/","token":"56\/13\/3\/56-366.2","metadata":false},{"id":370343,"structure_id":52747,"section_number":"56-366.3","catch_line":"Proceedings to alter, rebuild or replace existing grade separation structure destroyed or rendered unusable","url":"\/56-366.3\/","token":"56\/13\/3\/56-366.3","metadata":false},{"id":370345,"structure_id":52747,"section_number":"56-367","catch_line":"Repealed","url":"\/56-367\/","token":"56\/13\/3\/56-367","metadata":false},{"id":370346,"structure_id":52747,"section_number":"56-368.1","catch_line":"Subsequent maintenance of underpasses and overpasses","url":"\/56-368.1\/","token":"56\/13\/3\/56-368.1","metadata":false},{"id":370347,"structure_id":52747,"section_number":"56-369","catch_line":"Elimination of public grade crossings by change of alignment of public highways or construction of replacement public highways","url":"\/56-369\/","token":"56\/13\/3\/56-369","metadata":false}],"previous_section":{"id":370344,"structure_id":52747,"section_number":"56-366","catch_line":"Repealed","url":"\/56-366\/","token":"56\/13\/3\/56-366","metadata":false},"next_section":{"id":370342,"structure_id":52747,"section_number":"56-366.2","catch_line":"Repealed","url":"\/56-366.2\/","token":"56\/13\/3\/56-366.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-366.1\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 398 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapters 114<\/a> and 157<\/a>; in 2015, chapter 256<\/a>.<\/p>","references":[{"id":370343,"section_number":"56-366.3","catch_line":"Proceedings to alter, rebuild or replace existing grade separation structure destroyed or rendered unusable","order_by":null,"url":"\/56-366.3\/"},{"id":370346,"section_number":"56-368.1","catch_line":"Subsequent maintenance of underpasses and overpasses","order_by":null,"url":"\/56-368.1\/"}],"refers_to":false,"permalink":{"id":1476561,"object_type":"law","relational_id":370341,"identifier":"56-366.1","token":"56\/13\/3\/56-366.1","url":"\/56-366.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/56-366.1\/","token":"56\/13\/3\/56-366.1","dublin_core":{"Title":"Proceedings to avoid or eliminate grade crossings by grade separation or to widen, strengthen, remodel, relocate or replace existing crossing structures on public highways","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-366.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever a road in the primary or secondary state highway<\/span> system or a public highway<\/span> maintained by a locality (i) crosses a railroad, (ii) is projected across a railroad, or (iii) is to be so changed as to cross a railroad, or an existing overpass<\/span> or underpass<\/span> crossing of any such road and a railroad is in need of widening, strengthening, remodeling, relocating or replacing, and funds are (or are to be) allocated by the Commonwealth Transportation Board or public road authority for payment of the locality’s or state’s portion of the cost of constructing such an overpass<\/span> or underpass<\/span> structure or for widening, strengthening, remodeling, relocating or replacing such an existing structure, the Commissioner of Highways<\/span> or representative of the public road authority may agree with the railroad company<\/span> or companies involved, on such terms and conditions as he shall deem in the best interests of the Commonwealth or locality regarding the plans and specifications, the method and manner of construction and the division of costs and maintenance responsibility of any such separation of grade structure. In case of a separation of grade by structure at a new, or an existing, grade crossing, the project, except in special cases and under special circumstances to be mutually agreed upon by the Commissioner of Highways<\/span>, the public road authority, and the railroad company<\/span> or companies involved, shall be deemed to start at points on each side of the tracks of the railroad or railroads<\/span> where the grade, under the proposed plans and specifications, leaves the ground line to go over or under, as the case may be, the tracks of the railroad or railroads<\/span>.<\/p>

In the event the Commissioner of Highways<\/span>, the public road authority, and the railroad company<\/span> or companies involved are unable to agree on (i) the necessity for the construction of such underpass<\/span> or overpass<\/span> structure or for the widening, strengthening, remodeling, relocating or replacing of any existing overpass<\/span> or underpass<\/span> structure, (ii) the plans and specifications for and method or manner of construction thereof, or (iii) the portion of the work, if any, to be done and the share of the cost of such project, if any, to be borne by each of the railroad company<\/span> or companies involved, the Commissioner of Highways<\/span> or the public road authority shall petition<\/span> the State Corporation<\/span> Commission<\/span> setting forth the plans and specifications for and the method and manner of construction of such project and the facts<\/span> which in his opinion<\/span> justify the elimination of the crossing, the erection of a new separation of grade structure or the widening, strengthening, remodeling, relocating or replacing of an existing structure and the maintenance responsibility. Copies of the petition<\/span> and the plans and specifications shall forthwith be served by the State Corporation<\/span> Commission<\/span> on the railroad company<\/span> or companies involved. Within twenty days after service on it of such petition<\/span> and plans and specifications, the railroad company<\/span> or companies shall file an answer with the State Corporation<\/span> Commission<\/span> setting out its objections to the proposed project and the Commission<\/span> shall hear and determine the matter as other matters are heard and determined by that body. The Commission<\/span> shall consider all the facts<\/span> and circumstances surrounding the case and shall determine (a) whether public necessity and convenience justifies or requires the construction of such new separation of grade structure or whether an existing structure is so dangerous to or insufficient to take care of traffic on the highway<\/span> as to require the widening, strengthening, remodeling, relocating or replacing proposed, (b) whether the plans and specifications or method and manner of construction are proper and appropriate, and (c) what portion of the work, if any, to be done and what share of the cost of such project, if any, to be borne by each of the railroad company<\/span> or companies involved (excluding the cost of right-of-way) is fair and reasonable, having regard to the benefits, if any, accruing to such railroad or railroads<\/span> from the elimination of such grade crossing or the widening, strengthening, remodeling, relocating or replacing any existing overpass<\/span> or underpass<\/span> structure, and either dismiss the proceeding as against the railroad company<\/span> or companies involved or enter an order<\/span> deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction<\/span>.<\/p>

Grade crossings shall be closed when replaced by a new public highway<\/span>. However, the Commonwealth Transportation Board or the public road authority may authorize the continued use of the crossing for a period of two years following the construction of the new highway<\/span> to familiarize the public with the new route.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS TO AVOID OR ELIMINATE GRADE CROSSINGS BY GRADE SEPARATION OR TO\nWIDEN, STRENGTHEN, REMODEL, RELOCATE OR REPLACE EXISTING CROSSING STRUCTURES ON\nPUBLIC HIGHWAYS (\u00a7 56-366.1)\n\nWhenever a road in the primary or secondary state highway system or a public\nhighway maintained by a locality (i) crosses a railroad, (ii) is projected\nacross a railroad, or (iii) is to be so changed as to cross a railroad, or an\nexisting overpass or underpass crossing of any such road and a railroad is in\nneed of widening, strengthening, remodeling, relocating or replacing, and funds\nare (or are to be) allocated by the Commonwealth Transportation Board or public\nroad authority for payment of the locality’s or state’s portion of\nthe cost of constructing such an overpass or underpass structure or for\nwidening, strengthening, remodeling, relocating or replacing such an existing\nstructure, the Commissioner of Highways or representative of the public road\nauthority may agree with the railroad company or companies involved, on such\nterms and conditions as he shall deem in the best interests of the Commonwealth\nor locality regarding the plans and specifications, the method and manner of\nconstruction and the division of costs and maintenance responsibility of any\nsuch separation of grade structure. In case of a separation of grade by\nstructure at a new, or an existing, grade crossing, the project, except in\nspecial cases and under special circumstances to be mutually agreed upon by the\nCommissioner of Highways, the public road authority, and the railroad company or\ncompanies involved, shall be deemed to start at points on each side of the\ntracks of the railroad or railroads where the grade, under the proposed plans\nand specifications, leaves the ground line to go over or under, as the case may\nbe, the tracks of the railroad or railroads.\n\nIn the event the Commissioner of Highways, the public road authority, and the\nrailroad company or companies involved are unable to agree on (i) the necessity\nfor the construction of such underpass or overpass structure or for the\nwidening, strengthening, remodeling, relocating or replacing of any existing\noverpass or underpass structure, (ii) the plans and specifications for and\nmethod or manner of construction thereof, or (iii) the portion of the work, if\nany, to be done and the share of the cost of such project, if any, to be borne\nby each of the railroad company or companies involved, the Commissioner of\nHighways or the public road authority shall petition the State Corporation\nCommission setting forth the plans and specifications for and the method and\nmanner of construction of such project and the facts which in his opinion\njustify the elimination of the crossing, the erection of a new separation of\ngrade structure or the widening, strengthening, remodeling, relocating or\nreplacing of an existing structure and the maintenance responsibility. Copies of\nthe petition and the plans and specifications shall forthwith be served by the\nState Corporation Commission on the railroad company or companies involved.\nWithin twenty days after service on it of such petition and plans and\nspecifications, the railroad company or companies shall file an answer with the\nState Corporation Commission setting out its objections to the proposed project\nand the Commission shall hear and determine the matter as other matters are\nheard and determined by that body. The Commission shall consider all the facts\nand circumstances surrounding the case and shall determine (a) whether public\nnecessity and convenience justifies or requires the construction of such new\nseparation of grade structure or whether an existing structure is so dangerous\nto or insufficient to take care of traffic on the highway as to require the\nwidening, strengthening, remodeling, relocating or replacing proposed, (b)\nwhether the plans and specifications or method and manner of construction are\nproper and appropriate, and (c) what portion of the work, if any, to be done and\nwhat share of the cost of such project, if any, to be borne by each of the\nrailroad company or companies involved (excluding the cost of right-of-way) is\nfair and reasonable, having regard to the benefits, if any, accruing to such\nrailroad or railroads from the elimination of such grade crossing or the\nwidening, strengthening, remodeling, relocating or replacing any existing\noverpass or underpass structure, and either dismiss the proceeding as against\nthe railroad company or companies involved or enter an order deciding and\ndisposing of all of the matters hereinbefore submitted to its jurisdiction.\n\nGrade crossings shall be closed when replaced by a new public highway. However,\nthe Commonwealth Transportation Board or the public road authority may authorize\nthe continued use of the crossing for a period of two years following the\nconstruction of the new highway to familiarize the public with the new route.\n\nHISTORY: 1952, c. 398; 1996, cc. 114, 157; 2015, c. 256.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}