{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/56-366.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/56-366.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/56-366.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/56-366.3.html"}],"law_id":370343,"edition_id":2,"section_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","history":"1977, c. 443; 1996, cc. 114, 157.","full_text":"In the event an existing overpass or crossing over a railroad is destroyed or rendered unusable or otherwise becomes necessary to alter, rebuild, or replace, which overpass or crossing is maintained by a railroad company, such company shall immediately notify the Commissioner of Highways, or the public road authority of its intent to formulate plans for such alteration, rebuilding, or replacement. The Commissioner or the public road authority shall, as soon as practicable after receipt of such notice, determine if, in consideration of the needs of the state systems of highways, the work to be done on such existing separation structure should encompass any upgrading of such overpass. Upon reaching such decision, the Commissioner or the public road authority shall forthwith notify the company thereof.\n\nIf the Commissioner or representative of the public road authority determines that upgrading is not necessary, the company, within six months of notice thereof, shall, in consultation with the Commissioner or representative of the public road authority, formulate and submit plans to the Commissioner or representative of the public road authority for the necessary work. As soon as the plans are submitted the Commissioner or representative of the public road authority shall review the same and after determining the plans are satisfactory, shall notify the railroad to begin construction by a specified date and to complete such construction within a specified time limit after considering public safety, convenience and necessity and the amount, nature and extent of the planned construction. All costs of necessary work, including formulation of plans, where upgrading is not necessary, shall be borne by the company. In the event there is a disagreement as to the design, method of construction and date of completion, such dispute shall be resolved under the procedural provisions of \u00a7 56-366.1.\n\nIf the Commissioner or public road authority determines that upgrading is necessary or desirable, the same procedure for coordination with the company shall apply except that the parties may agree that the Commissioner or representative of the public road authority formulate, and execute plans for such work, in consultation with such company. Disputes as to matters in this regard, including allocation of cost, shall also be resolved by petition to the State Corporation Commission and any new overpass shall be maintained in accordance with \u00a7 56-368.1.\n\nWhen it is necessary only to repair any overpass, maintained by such railroad, the railroad shall perform all work and bear all costs in connection therewith.\n\nAll duties under this section shall be performed as expeditiously as possible. Nothing herein shall be construed in any way to limit the authority of the Commissioner or representative of the public road authority over public highways and overpasses.\n\n","order_by":null,"text":{"0":{"id":1381516,"text":"In the event an existing overpass or crossing over a railroad is destroyed or rendered unusable or otherwise becomes necessary to alter, rebuild, or replace, which overpass or crossing is maintained by a railroad company, such company shall immediately notify the Commissioner of Highways, or the public road authority of its intent to formulate plans for such alteration, rebuilding, or replacement. The Commissioner or the public road authority shall, as soon as practicable after receipt of such notice, determine if, in consideration of the needs of the state systems of highways, the work to be done on such existing separation structure should encompass any upgrading of such overpass. Upon reaching such decision, the Commissioner or the public road authority shall forthwith notify the company thereof.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1381517,"text":"If the Commissioner or representative of the public road authority determines that upgrading is not necessary, the company, within six months of notice thereof, shall, in consultation with the Commissioner or representative of the public road authority, formulate and submit plans to the Commissioner or representative of the public road authority for the necessary work. As soon as the plans are submitted the Commissioner or representative of the public road authority shall review the same and after determining the plans are satisfactory, shall notify the railroad to begin construction by a specified date and to complete such construction within a specified time limit after considering public safety, convenience and necessity and the amount, nature and extent of the planned construction. All costs of necessary work, including formulation of plans, where upgrading is not necessary, shall be borne by the company. In the event there is a disagreement as to the design, method of construction and date of completion, such dispute shall be resolved under the procedural provisions of \u00a7 56-366.1.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1381518,"text":"If the Commissioner or public road authority determines that upgrading is necessary or desirable, the same procedure for coordination with the company shall apply except that the parties may agree that the Commissioner or representative of the public road authority formulate, and execute plans for such work, in consultation with such company. Disputes as to matters in this regard, including allocation of cost, shall also be resolved by petition to the State Corporation Commission and any new overpass shall be maintained in accordance with \u00a7 56-368.1.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1381519,"text":"When it is necessary only to repair any overpass, maintained by such railroad, the railroad shall perform all work and bear all costs in connection therewith.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1381520,"text":"All duties under this section shall be performed as expeditiously as possible. Nothing herein shall be construed in any way to limit the authority of the Commissioner or representative of the public road authority over public highways and overpasses.","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":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},"next_section":{"id":370345,"structure_id":52747,"section_number":"56-367","catch_line":"Repealed","url":"\/56-367\/","token":"56\/13\/3\/56-367","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-366.3\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 443 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1996, chapters 114<\/a> and 157<\/a>.<\/p>","references":[{"id":370346,"section_number":"56-368.1","catch_line":"Subsequent maintenance of underpasses and overpasses","order_by":null,"url":"\/56-368.1\/"}],"refers_to":[{"id":370341,"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","order_by":null,"url":"\/56-366.1\/"},{"id":370346,"section_number":"56-368.1","catch_line":"Subsequent maintenance of underpasses and overpasses","order_by":null,"url":"\/56-368.1\/"}],"permalink":{"id":1476569,"object_type":"law","relational_id":370343,"identifier":"56-366.3","token":"56\/13\/3\/56-366.3","url":"\/56-366.3\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/56-366.3\/","token":"56\/13\/3\/56-366.3","dublin_core":{"Title":"Proceedings to alter, rebuild or replace existing grade separation structure destroyed or rendered unusable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-366.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In the event an existing overpass<\/span> or crossing over a railroad is destroyed or rendered unusable or otherwise becomes necessary to alter, rebuild, or replace, which overpass<\/span> or crossing is maintained by a railroad company<\/span>, such company shall immediately notify the Commissioner of Highways<\/span>, or the public road authority of its intent<\/span> to formulate plans for such alteration, rebuilding, or replacement. The Commissioner or the public road authority shall, as soon as practicable after receipt of such notice, determine if, in consideration of the needs of the state systems of highways<\/span>, the work to be done on such existing separation structure should encompass any upgrading of such overpass<\/span>. Upon reaching such decision, the Commissioner or the public road authority shall forthwith notify the company thereof.<\/p>

If the Commissioner or representative of the public road authority determines that upgrading is not necessary, the company, within six months of notice thereof, shall, in consultation with the Commissioner or representative of the public road authority, formulate and submit plans to the Commissioner or representative of the public road authority for the necessary work. As soon as the plans are submitted the Commissioner or representative of the public road authority shall review the same and after determining the plans are satisfactory, shall notify the railroad to begin construction by a specified date and to complete such construction within a specified time limit after considering public safety, convenience and necessity and the amount, nature and extent of the planned construction. All costs of necessary work, including formulation of plans, where upgrading is not necessary, shall be borne by the company. In the event there is a disagreement as to the design, method of construction and date of completion, such dispute shall be resolved under the procedural provisions of \u00a7 56-366.1<\/a>.<\/p>

If the Commissioner or public road authority determines that upgrading is necessary or desirable, the same procedure for coordination with the company shall apply except that the parties may agree that the Commissioner or representative of the public road authority formulate, and execute plans for such work, in consultation with such company. Disputes as to matters in this regard, including allocation of cost, shall also be resolved by petition<\/span> to the State Corporation<\/span> Commission<\/span> and any new overpass<\/span> shall be maintained in accordance with \u00a7 56-368.1<\/a>.<\/p>

When it is necessary only to repair any overpass<\/span>, maintained by such railroad, the railroad shall perform all work and bear all costs in connection therewith.<\/p>

All duties under this section shall be performed as expeditiously as possible. Nothing herein shall be construed in any way to limit the authority of the Commissioner or representative of the public road authority over public highways<\/span> and overpasses.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS TO ALTER, REBUILD OR REPLACE EXISTING GRADE SEPARATION STRUCTURE\nDESTROYED OR RENDERED UNUSABLE (\u00a7 56-366.3)\n\nIn the event an existing overpass or crossing over a railroad is destroyed or\nrendered unusable or otherwise becomes necessary to alter, rebuild, or replace,\nwhich overpass or crossing is maintained by a railroad company, such company\nshall immediately notify the Commissioner of Highways, or the public road\nauthority of its intent to formulate plans for such alteration, rebuilding, or\nreplacement. The Commissioner or the public road authority shall, as soon as\npracticable after receipt of such notice, determine if, in consideration of the\nneeds of the state systems of highways, the work to be done on such existing\nseparation structure should encompass any upgrading of such overpass. Upon\nreaching such decision, the Commissioner or the public road authority shall\nforthwith notify the company thereof.\n\nIf the Commissioner or representative of the public road authority determines\nthat upgrading is not necessary, the company, within six months of notice\nthereof, shall, in consultation with the Commissioner or representative of the\npublic road authority, formulate and submit plans to the Commissioner or\nrepresentative of the public road authority for the necessary work. As soon as\nthe plans are submitted the Commissioner or representative of the public road\nauthority shall review the same and after determining the plans are\nsatisfactory, shall notify the railroad to begin construction by a specified\ndate and to complete such construction within a specified time limit after\nconsidering public safety, convenience and necessity and the amount, nature and\nextent of the planned construction. All costs of necessary work, including\nformulation of plans, where upgrading is not necessary, shall be borne by the\ncompany. In the event there is a disagreement as to the design, method of\nconstruction and date of completion, such dispute shall be resolved under the\nprocedural provisions of \u00a7 56-366.1.\n\nIf the Commissioner or public road authority determines that upgrading is\nnecessary or desirable, the same procedure for coordination with the company\nshall apply except that the parties may agree that the Commissioner or\nrepresentative of the public road authority formulate, and execute plans for\nsuch work, in consultation with such company. Disputes as to matters in this\nregard, including allocation of cost, shall also be resolved by petition to the\nState Corporation Commission and any new overpass shall be maintained in\naccordance with \u00a7 56-368.1.\n\nWhen it is necessary only to repair any overpass, maintained by such railroad,\nthe railroad shall perform all work and bear all costs in connection therewith.\n\nAll duties under this section shall be performed as expeditiously as possible.\nNothing herein shall be construed in any way to limit the authority of the\nCommissioner or representative of the public road authority over public highways\nand overpasses.\n\nHISTORY: 1977, c. 443; 1996, cc. 114, 157.","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"}}