During the past several years, Virginia has experienced a rapidly accelerating growth in population and in industrial and urban development. As a result of this growth, there has been a tremendous increase in the demand for utility services and continued refinement in present utility services. The growth in these critical areas will probably continue in the foreseeable future, and the demand for utility services will increase in like proportion.

Within the limits of present technology, reasonably adequate utility services cannot be provided without the acquisition of extensive easements and rights-of-way by public service companies across agricultural and timberlands as well as lands devoted to other uses. Such acquisition of easements and rights-of-way has proliferated throughout the Commonwealth. Many such easements deprive the land permanently, either in whole or in part, of productive use and a parcel of land which is subject to two or more such easements may suffer a serious loss of value.

Though mindful of the need for adequate utility services, the General Assembly, at its 1964 Regular Session, recognized the need for conserving Virginia's land resources, and, directed the Virginia Advisory Legislative Council to study and report upon the acquisition and use of easements by public service companies. Senate Joint Resolution No. 1 directed the study.

Pursuant to this resolution the Virginia Advisory Legislative Council selected C. W. Cleaton, of South Hill, member of the House of Delegates and member of the Council, to serve as Chairman of the Committee to make the initial study and report to the Council. The following individuals were selected to serve on the Committee with Mr. Cleaton: Lyman C. Harrell, Jr., Attorney and member of the House of Delegates, Emporia; R. H. Lipscomb, Assistant General Attorney, Seaboard Air Line Railroad Company, Richmond; J. C. Lucy, Merchant, Lawrenceville; T. Justin Moore, Jr., Attorney, Richmond; William B. Moore, Attorney, Arlington; Stanley A. Owens, Attorney and member of the House of Delegates, Manassas; Harold H. Purcell, Attorney and member of the Senate of Virginia, Louisa; du Val Radford, Attorney and former member of the House of Delegates, Bedford; Dr. Clifford M. Siegel, Professor of Electrical Engineering, University of Virginia, Charlottesville; and Jack E. Smith, Manager, Mecklenburg Electric Cooperative, Chase City.

The Committee met and organized and elected Harold H. Purcell as Vice-Chairman. John B. Boatwright, Jr. and Robert L. Masden served as Secretary and Recording Secretary, respectively, to the Committee. Technical assistance was rendered by Paul D. Stotts, Assistant Attorney General, Department of Highways, Richmond, and Frank S. Givens, Jr., Associate Chief Engineer, State Corporation Commission, Richmond.

In order to gain a better understanding of the technical aspects of multiple use of public service easements, the Committee invited technical representatives from various public service companies to appear and to express their views and suggestions concerning the difficulties which may be encountered if multiple use of public service easements is required.

The Committee also sought the views and suggestions of all interested individuals, groups and organizations concerning the matters under study. After appropriate publicity, a public hearing was held at the State Capitol, Richmond which was well attended. The laws and policies concerning public service easements in contiguous states were reviewed in an attempt to see what methods are employed elsewhere. The Committee gave careful consideration to the information and material filed, and the views expressed at the public hearings, and submitted its report to the Council.

The Council has reviewed the report of the Committee, and now submits its report as follows.