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« Snow and the Car-Free Diet | Main | Bike and Shovel All in One »

February 22, 2010

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Kevin Beekman

See the pic of the snow VDOT dumped on the 4MR trail extension under I-395 here: http://www.arlandria.org/2010/02/arlandrian-news-round-up-were-melting.html

SJE

VA code says that they can act to prevent any obstruction of the right of way.

� 15.2-2009. Obstructions or encroachments.

A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by law for the collection of state or local taxes. The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the locality may impose penalties for each day that the obstruction or encroachment is allowed to continue. The locality may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute a suit or action in ejectment or other appropriate proceedings to recover possession of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.

(Code 1950, � 15-77.57; 1958, c. 328; 1962, c. 623, � 15.1-893; 1997, c. 587.)


Section 33.1-346 specifically bans dumping on public rights of way, but does not specify if snow or ice would be considered dumping.

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