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1996 SESSION
962243480Patrons-- Darner, Christian, Crittenden, Grayson, Harris, Murphy, Puller, Robinson and Van Yahres
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-18 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-18. Location of routes.
The Commonwealth Transportation Board shall not locate and establish any
route under subdivision (1) of § 33.1-12 until: the Department of
Transportation has (i) published in a newspaper published or having a general
circulation in the county, city, or town in which the route is to be located
and established a notice of its willingness to hold a public hearing on the
matter, (ii) notified the governing body of the county, city, or town in which
the route is to be located of its willingness to hold a public hearing on the
matter, and (iii) held a public hearing, if one has been requested.
If a public hearing is requested, written notice of the time and place of
the hearing shall be given, not less than thirty days prior to the hearing, to
the governing body of the county, city, or town in which the route is to be
located and established. Not less than thirty days prior to the hearing, a
notice of the time and place of the hearing shall also be published by the
Department of Transportation at least once in a newspaper published or having a
general circulation in the county, city, or town in which the route is to be
located and established.
Following the public hearing, if one is held as provided in this section,
the Department of Transportation shall notify the local governing body of the
affected county, city, or town of the Commonwealth Transportation Board's
decision regarding the location and establishment of the route.
In locating and establishing routes pursuant to § 33.1-12 or altering existing routes, for projects with a total estimated budget exceeding one million dollars, the Board shall proceed as follows:
1. For purposes of this section "route" or "alteration to an existing route" shall be limited in meaning to any new route or alteration to an existing route described in writing, or on a map or chart, with sufficient specificity to locate such route or alteration to an area of no more than one mile in width at any point along its width.
2. The Board shall provide notice of any proposed route or alteration to an existing route to the clerk of the circuit court and the clerk of the governing body in each county, city, and town in which the route to be located, established, or altered, or any part thereof, is situated. Such notice shall be provided within three months of any public announcement of such route or alteration by the Department or Board, but in no event less than thirty days prior to the designation of such route or alteration. The Board shall also provide such notice of its designation or alteration of any route within ten days of any such designation. Notice of the designation shall also be sent to any persons notifying the Department in writing of their desire to receive such notification. Such notice shall be sent within ten days of any such designation.
3. Prior to the designation of any route or alteration of an existing route, the Board shall hold a public hearing in the county, city, or town in which the route to be located, established, or altered, or any part thereof, is situated. Such hearing shall be held in a public building as close as practicable to the majority of the property which may be acquired for such route. Such hearing shall be held no less than three months prior to the designation of such route or alteration. The Board shall publish at least once, in a newspaper of general circulation in the county, city, or town, a notice describing the proposed location or alteration of such route, including any proposed alternate locations or alterations, the nature of improvements to be made, and the date, time, and location of the public hearing. The notice shall appear at least thirty but not more than sixty days prior to such hearing.
Upon the filing of a petition therefor with the Board, a hearing before the full Board shall be granted to (i) the governing body of any county, city, or town in which a route or alteration of an existing route, or portion thereof, designated by the Board, is proposed to be constructed or (ii) fifty or more freeholders of any such county, city, or town. The petition shall be filed within sixty days of the formal designation of the route or alteration. The hearing shall be scheduled within a reasonable time and shall be for the purpose of hearing objections by the petitioner to the designated route or alteration for failure to comply with the provisions of this section. The Board shall make a record of the hearing. Its decision on the appeal, which shall set forth the reasons for its decision, shall be in writing. The petitioner may appeal the decision of the Board made in response to the hearing. The appeal shall be made to the circuit court having jurisdiction over the county, city, or town from which the petition originated. The appeal shall be filed with the clerk of the court within thirty days of the decision of the Board on the appeal.
4. The Board shall designate only those routes or alterations of existing routes that will provide a demonstrable public benefit significantly exceeding the combined financial, social, and environmental costs associated with the design, construction, maintenance, and operation of such route or alteration.
In making such evaluation, the Board shall actively consult and cooperate with the governing body of the county, city, or town in which any proposed route, alteration, or portion thereof is proposed to be located. The Board shall also take into account in the evaluation the potential effect of the proposed route or alteration upon the objectives of the county, city, or town in which the proposed route, alteration, or portion thereof is to be located, as such objectives are set forth in the locality's duly adopted comprehensive plan. Prior to the designation of any route or alteration, the Board shall give due consideration to any route, alteration, or other method formally proposed in a timely manner by the governing body of the county, city, or town in which the proposed route, alteration, or portion thereof is to be located.
The Board shall designate or formally reject any route or alteration which has been publicly announced by the Department or Board. Such designation or rejection shall be within three years of the date of the announcement. However, to such three-year period shall be added such reasonable amount of time as may be required for the (i) consideration of any route, alteration, or other method formally proposed by the governing body of the county, city, or town in which the proposed route, alteration, or portion thereof is to be located and (ii) hearing of any appeal as provided in the foregoing provisions of this section. For a period of at least ten years from the date of such rejection, there shall be no further consideration by the Department or Board of any route rejected by the Board. Any failure by the Board to designate or reject any route or alteration shall be deemed a formal rejection of such route or alteration.
5. The Board shall promptly commence and diligently pursue acquisition of all rights-of-way necessary for any route or alteration of an existing route upon the designation of such route. The Board shall acquire any right-of-way required by such route or alteration within three years of the written request to the Department by the owner thereof that it do so.
6. Provisions of this section may be enforced through an injunction or a writ of mandamus pursuant to Article 2 (§ 8.01-644 et seq.) of Chapter 25 of Title 8.01. Any person whose property is located within any proposed or designated route or alteration, and any county, city, or town within which any proposed or designated route or alteration, or portion thereof lies, shall have standing to petition for such injunction or writ of mandamus.
The provisions of this section shall apply with respect to route designations or alterations of existing routes made by the Board prior to July 1, 1993, where right-of-way acquisitions are not complete. With respect to such routes or alterations, the date of designation shall be deemed to be July 1, 1993.