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2004 SESSION
042800500Be it enacted by the General Assembly of Virginia:
1. That § 2.2-1151.1 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-1151.1. Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation.
A. As used in this section:
"Department" means the Virginia Department of Transportation.
"Developer" means a person who undertakes to develop real estate.
B. No land use permit shall be issued by the Department to any company other
than a public service company as defined in § 56-76, a company owning or
operating an interstate natural gas pipeline, or a franchised cable television
systems operator owning or operating a utility line as defined in § 56-265.15,
unless such company has (i) registered as an operator with the appropriate
notification center as defined by § 56-265.15 and (ii) notified the commercial
and residential developer, owner of commercial or , multifamily or residential
real estate, or local government entities with a property interest in any
parcel of land located adjacent to the property over which the land use is
being requested, that application for the permit has been made. Any permit
application approved by the Department shall include an affidavit indicating
compliance with the registration and notification requirements provided by this
subsection.
C. No performance surety held by the Department in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department's right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.
D. Nothing in this section shall be construed or interpreted to create a cause of action or administrative claim against the Department.