During the interim between the 1964 and 1966 Regular Sessions of the General Assembly of Virginia, the Virginia Advisory Legislative Council conducted a thorough study into matters relating generally to the acquisition of easements by public service companies. That study was concerned mainly with determining the extent to which easements acquired by one public service company might be used by other public service companies, and the extent to which such multiple use should be required by law or administrative action to conserve Virginia's vital land resources. The proliferation of such easements throughout the State has aroused great concern among the various factors within the State concerned with land use economics as well as individual landowners whose agricultural and timberlands are so vitally affected.

It was determined in the previous study that due to Virginia's rapidly accelerating growth in population and in industrial and urban development there has been a tremendous increase in the demand for all types of utility services and continued refinement in utility services presently provided. It was further acknowledged that the growth in these critical areas would probably continue at an ever accelerating pace in the foreseeable future and the demand for utility services will most likely increase in like proportion.

Adequate utility services are vitally necessary for today's society. This is acknowledged even by those whose lands are subjected to easements for the installation of needed facilities. The principal concern in the minds of those affected is directed to urging public service companies to make the most effective use of present easements. They urge that public service companies should be encouraged to use their easement jointly, where possible, rather than acquiring new easements or rights-of-way each time new or refined services are extended.

As to joint use of easements, the previous study concluded that within the limits of present technology and with adequate regard for safety, reasonably adequate utility services cannot be provided without the acquisition of extensive easements and rights-of-way by public service companies. The previous study also concluded that to the extent economically feasible, public service companies generally are utilizing their easements to the fullest; and, where possible, through joint use agreements, are using easements of other public service companies. Since easements are very expensive to acquire, the sheer economics of the situation is a very strong motivating factor in the direction of maximum joint utilization.

But what of the farmer or timberland owner whose land is taken, or the use thereof restricted, due to such easements? Due to time limitations in the previous study, it was not possible to enlarge the scope of the study to include all aspects of the problem, especially its full effect upon the individual landowner. For this reason it was recommended to the General Assembly that the study be continued with special emphasis on this latter area.

Thus the 1966 Session of the General Assembly of Virginia, by House Joint Resolution No. 19, directed the Virginia Advisory Legislative Council to continue the study concerning public service easements.

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. Gleaton: 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., Senior Vice-President, Virginia Electric and Power Company, Richmond; William B. Moore, Attorney, Arlington; Stanley A. Owens, Attorney and member of the House of Delegates, Manassas; Harold H. Purcell, Judge of Circuit Court, Louisa; duVal 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 T. Justin Moore, Jr. as Vice-Chairman. G. M. Lapsley and Robert L. Masden served as Secretary and Recording Secretary, respectively, to the Committee. Technical assistance was rendered by W. S. G. Britton, Director of Programming and Planning, Department of Highways, Richmond; Frank S. Givens, Jr., Associate Chief Engineer, State Corporation Commission, Richmond; Lee B. Younger, Director, Division of Public Utility Taxation, State Corporation Commission, Richmond; and F. C. Forberg, Director, Division of Real Estate Appraisal and Mapping, State Tax Department, Richmond.

The Committee completed its study and made its report to the Council. The Council has reviewed the report of the Committee and makes the following recommendation for the reasons indicated.