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2000 SESSION

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CHAPTER 310 An Act to amend the Code of Virginia by adding a section numbered 33.1-91.1, relating to acquisition and conveyance of certain property by Commonwealth Transportation Commissioner. [H 1356] Approved April 3, 2000

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 33.1-91.1 as follows:

§ 33.1-91.1. Authority to acquire land to replace parkland.

Notwithstanding any contrary provision of this title, the Commonwealth Transportation Commissioner may acquire by gift or purchase any property without a permanent residential structure, or an interest in property, needed to replace parkland that is acquired for the improvement, maintenance, construction, or reconstruction of highways. Land acquired to replace parkland shall be abutting or appurtenant to the property of rights-of-way acquired for the improvement, maintenance, construction, or reconstruction of highways. For the purposes of this section, the term "parkland" shall only include parks and recreational areas under the jurisdiction of local governing bodies or state agencies. Before exercising the authority granted by this section, the Commonwealth Transportation Commissioner shall notify the local governing body or state agency having jurisdiction over the parkland and shall obtain the concurrence of the local governing body or state agency that replacement parklands should be acquired and conveyed to the local governing body or state agency in exchange for the parkland needed for the improvement, maintenance, construction, or reconstruction of the highway.

The provisions of this section shall apply only in Albemarle County and the City of Charlottesville.